A recent court ruling has added a new wrinkle to a land dispute between the Ethics and Anti-Corruption Commission (EACC) and Pastor James Maina Ng'ang'a's Neno Evangelism Centre.
EACC is suing Pastor Ng'ang'a's Neno Evangelism Centre, seeking to reclaim the land where the church sits.
The Kenya Railways Corporation (KRC) claims ownership of the same parcel in dispute.
Court Joins Kenya Finance Bank in Land Dispute
Justice David Mugo Mwangi included the defunct Kenya Finance Bank (KFB) as a necessary party in the lawsuit.
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The judge ruled that KFB's involvement is crucial as they potentially possess vital information for a conclusive resolution.
The Kenya Deposit Insurance Corporation (KDIC), acting as the bank's liquidator, previously argued that KFB facilitated the property's sale to Neno Evangelism trustees and Pastor Ng'ang'a through a transfer.
Pastor Ng'ang'a Maintains Ownership
Pastor Ng'ang'a insists he is the rightful owner, having acquired the land legitimately from a couple in June 2011 for Sh8 million.
He claims the prior owner, Aminmohamed Rahim Bhanjee, held a 99-year lease on the property starting October 1994.
Following Mr. Bhanjee's passing, his wife, Farida Aminmohamed, received a grant confirmation certificate after a succession case in 1998.
Pastor Ng'ang'a maintains he conducted thorough due diligence at the Lands office, verifying the title's authenticity before purchasing the land.
He further states that he had peaceful possession of the land until recently when he commenced construction of a commercial building.
KDIC Rejects Removal Request
The court also rejected KDIC's request to be excluded from the proceedings.
Justice Mwangi emphasized that KDIC's participation is necessary for a comprehensive and fair resolution.
KDIC argued that their status as a liquidator allows them to be sued despite insolvency.
Pastor Ng'ang'a opposed their request, stating the transaction occurred in 2008, when the Deposit Protection Fund (KDIC's predecessor) lacked immunity from lawsuits.
This inclusion of Kenya Finance Bank adds a new dimension to the case.
The court's decision suggests the bank's role in the land transfer may be critical in determining the rightful ownership.
The case is ongoing, with all parties involved presenting their arguments.