Government loses Garissa military land to Mahat Kunow

Garissa military ground. (Courtesy)

GARISSA—The government has lost ownership of an expansive public land reserved for military activities in Garissa to businessman Mahat Kuno Roble and his four business associates.

In her ruling,  Justice Daniel Musinga dismissed an application by the office of the Attorney General over the land, which was being used for military activities.

The Court of Appeal in Nyeri upheld the decision of Environment and Lands Court to award the businessmen Sh1.5 million as damages, and to stop Ministry of Defence from interfering with the parcel of land occupied by Garissa Military Camp.

“Further, the applicants had not filed a draft memorandum of appeal to demonstrate that the intended appeal had any chances of success,” said Justice Musinga in her ruling.

State Counsel Motari Matunda said the State  had substantial grounds of appeal and the Defence Ministry, Attorney General (AG) and the public would suffer irreparable loss if  the decision is not overturned.

He also said that the failure to notify his team denied them a chance to know what was likely to happen in the long run.

Mr Kunow told the court that government had unlawfully demolished the perimeter wall around the suit properties and threatened to forcefully acquire the land.

He termed the government’s move to the suit property as ‘mistaken assumption that it was government property’.