Can judges overview rulings and judgments if it emerges that they have been misled into reaching specific conclusions?
That could be a query that 5 Court docket of Attraction judges – Milton Asike-Makhandia, Kathumira M’Inoti, Sankale Ole Kantai, Francis Tuiyott and John Mativo – face in a case stemming from a land dispute that has haunted the Judiciary’s hallways for 32 years.
Benjoh Amalgamated, a agency owned by former President Uhuru Kenyatta’s cousin Kungu Muigai, has made one more try to cease its lack of a 443-acre land in Thika, this time looking for a overview of a 2017 Court docket of Attraction choice.
KCB Financial institution auctioned the land, with Bidii Kenya as the very best bidder in 2007.
Simply hours after the Court docket of Attraction bench retired to write down its ruling, Bidii Kenya evicted the land’s occupant – Muiri Espresso Estates. Muiri is co-owned by Mr Kungu and his brother Ngengi Muigai.
Bidii evicted Muiri on the power of a 2014 courtroom order, with the help of police.
Because the Court docket of Attraction case was continuing, Kiambu police boss Michael Muchiri was earlier than Excessive Court docket decide Freda Mugambi promising to implement the 2014 eviction order.
A couple of minutes to 4pm, auctioneers employed by Bidii Kenya marched into the huge land, escorted by law enforcement officials, and evicted Muiri Espresso Estates. It’s the first time since 2007 that Bidii Kenya has occupied the land.
Benjoh Amalgamated borrowed Sh23 million from KCB Financial institution in 1988 and used two items of land in Nyandarua as safety. Muiri Espresso Estates got here in as a guarantor and supplied a 443-acre farm in Thika as safety.
After Benjoh Amalgamated defaulted on fee, the financial institution went straight for Muiri’s espresso farm.
Benjoh and Muiri first sued KCB in 1992 to cease the public sale of the farm. A deal was struck which might see Benjoh repay the quantity, with KCB free to public sale within the occasion of default.
However the courtroom file went lacking as Benjoh Amalgamated denied ever coming into such a settlement cope with KCB, sparking quite a few courtroom circumstances and appeals which have since turn into precedents that judges and attorneys use of their ordinary line of labor.
In 2017, the Court docket of Attraction dismissed one in all Benjoh’s circumstances, holding that the 1992 settlement had been confirmed by a number of different courts therefore the matter couldn’t be reopened.
Benjoh in 2018 sought a overview of that call, arguing that new proof had come to gentle.
Gideon Kaumbuthu Meenye, a lawyer who had allegedly agreed to the public sale of Muiri’s farm within the occasion of default, wrote to the police inspector normal, denying that he ever represented Benjoh or entered into any settlement on the corporate’s behalf.
On Monday, Benjoh’s lawyer Kyalo Mbobu advised the Appellate judges that police investigations have confirmed that there was by no means any settlement deal and that the courtroom ought to overview its 2017 orders.
That call, if reviewed, might spell doom on almost 25 rulings and judgments associated to the public sale of the espresso farm which all went towards Benjoh and Muiri on account of the disputed settlement deal.
“The matter (of the settlement deal) has been confirmed once more after thorough investigations, and by officers of the courtroom, that the doc doesn’t exist. That could be a matter that the courtroom in its personal movement, with out an software, can name for that file and overview orders issued,” Mr Mbobu mentioned.
Mr Mbobu answered within the affirmative when requested by the judges whether or not Benjoh’s total case hinged on whether or not the settlement deal exists.
KCB’s lawyer Philip Nyachoti insisted that it might be an absurdity to reopen the matter when different courtroom orders are already in impact on the premise of the quite a few rulings and judgments by a number of judges.
“There isn’t any justification or rationalization on why it has taken all these years to make clear that situation of the consent. Even when that situation was within the judgment of March 10, 1998,” Mr Nyachoti mentioned.
In 2007 Bidii Kenya purchased Muiri’s land at an public sale.
By means of Issa Mansur, the agency mentioned that whether or not Mr Meenye was instructed to behave for Benjoh is a query that ought to have been raised in six different appeals which have since been dismissed.
Benjoh had requested the Court docket of Attraction to cease a contempt of court software earlier than the Excessive Court docket, which Bidii Kenya sought towards the Kiambu County commander, Michael Muchiri.
Bidii filed the appliance claiming that police have refused to impact a 2014 courtroom order to oversee Muiri’s eviction.
Simply hours after the Court docket of Attraction gave a June 21 ruling date and adjourned the case, Bidii Kenya evicted Muiri from the 443-acre farm with the help of law enforcement officials.
