The high court in Mombasa has for the sixth time failed to deliver it's ruling against Mombasa business man Mohammed Jaffar who illegally pocketed over 1.8 billion from the National Land commission (NLC) as compensation for standard gauge Railway.
NLC had been ordered to recover the billions of taxpayers money that had been illegally fraudulently paid to Jaffar instead of genuine Squatters
Presiding Judge Olga Sewe issued directions that she was not in a position to deliver her ruling since she was away on other official duties.
She directed that the matter be mentioned in October 9 for further directions.
The illegal pay out was made to a company associated with Jaffar the Miritini free port.
In the past Justice sewe has failed to deliver,the ruling citing various reasons.
In March this year when the matter came up for ruling Justice Sewe informed the parties that she was yet again unable to render her judgment stating that her court was sitting in Kwale and she forgot to carry the file to Kwale to have her ruling read.
In May this year she had informed the parties that ,she was yet again unable to deliver her ruling since,she had been assigned to sit in a three judge bench matter .
Additionally in June this year Justice Sewe informed the parties in the matter that the ruling was not ready since she had been away for other official duties in Nairobi.
It was the fifth time the court failed to deliver the judgement.
In the matter Miritini free port,in it application before court is seeking for orders to set aside,earlier orders that were issued by then Mombasa high court judge Erick Ogolla to have the money that was illegally paid out by National land commission ( NLC) be refunded on grounds that it was illegally paid out to the company.
However in a spirited fight four petitioners through lawyer,Gikandi Ngubuini have asked the court to freeze the money that had been paid to Jaffar until the petition is heard and determined.
The money in dispute was illegally paid to Miritini free port,instead of the needy petitioners who informed court that they are the rightful owners of the land after being resettled in the area by the government from Bombololu to pave way for the construct of a children's home
In the year 2021 Justice Ogolla in his judgement stated that the firm allowed itself to receive compensation from taxpayers money for the a land that had been acquired by NLC through fraudulent means .
The judge faulted NLC approval of the compensation award despite having full knowledge that the land belonged to squatters and the firm had illegally acquired it.
"NLC was used by the owner of the firm in making the illegal payments,the court cannot allow this kind of corruption for rewards to individuals who can bribe their ways to obtain taxpayers money at the expense of genuine needy Kenyans,"he ruled
The constitutional review petition was by filed Miritini Free Port, against Theresia Runji, Marieta Gitonga, Naomi Kiio and Sammy Kara against the NLC.
Written By: Peter Maseke.
