Kenya Industrial Financial institution Department alongside Mama Ngina Road in Nairobi. FILE PHOTO | DENNIS ONSONGO | NMG

A decide has ordered Nairobi County to pay KCB Ltd Sh90 million after forcibly taking on a plot on Kaunda Road over twenty years in the past, denying the lender a income.

Justice Lucy Mbugua additional ordered the county to vacate the plot inside 30 days from the date of the judgment and hand over the car parking zone to KCB, who’re the trustees of Kenya Cargo Dealing with Providers Ltd Workers Pension Fund Scheme.

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The scheme acquired the plot in 1996 however they had been evicted one yr later by legislation enforcers from the defunct metropolis council.

Though they continued paying charges to the land, the county has been charging it parking charges claiming that the land belongs to it. 

“To make issues worse, because the defendant was producing income from the swimsuit land, they continued levying charges upon the plaintiff. That is conduct which is illegal, and untenable,” mentioned the decide.

The courtroom dominated that the county didn’t desk any proof in any respect to indicate that the title being held by the scheme was fraudulent.

The Land and Atmosphere Courtroom decide mentioned there was no justification for the take-over by the county for the previous 25 years.

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“No justification has been supplied by the defendant for the occupation of the mentioned land therefore such occupation quantities to trespass. Within the circumstances, the prayer for vacant possession is merited,” mentioned the decide.

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