Members of Dupoto/Dafur settlement welfare have moved to court seeking to stop the Kenya Railway Corporation from occupying a parcel of land in Embakasi South over unpaid compensation money.
In a petition filed under a certificate of urgency, they asked the environment and land court to prevent the Kenya Railways Corporation from making further payments to representatives of the Dupoto/Dafur settlement welfare scheme in connection with the compulsory acquisition of the property.
“That there be and is hereby issued a Conservatory Order barring Kenya Railways Corporation from making further payments to Johnson & Partners Advocates LLP, Sankale & Co. Advocates or any other person purporting to act on behalf of the members of Dupoto/Dafur Settlement Welfare Scheme and its membership on account of the compulsory acquisition of L.R. No. 2935, pending inter parties hearing and determination of this Application” reads the court papers.
Through their lawyer Thomas Letangule, the 184 members accuse the officials of the settlement welfare scheme of paying them unfairly for their property
They alleged that the received payments were unclear and irregular, going against their legitimate expectation of there being equity and transparency in the process of compensation.
The members now want the court to instruct the Kenya Commercial Bank to provide certified bank statements for the joint account of Sankale & Co Advocates and Johnson and Partners Advocates LLP at KCB Bank, Kipande House Branch and for the law firms to reveal the distribution formula and detailed accounts of funds received from Kenya Railways to Dupoto/Dafur Settlement Welfare Scheme members.
“An order is issued, freezing the bank accounts of Johnson and Partners Advocates LLP at KCB Bank, Kipande House Branch, pending the inter partes hearing and determination of this application.”
Korinke Ole Giza on behalf of the other members alleged that Kenya Railways Corporation expressed interest in purchasing 55 acres of the land.
Suddenly, their advocates were removed, and there were changes in the situation.
They were instructed to open bank accounts to receive payment, but the amounts to be paid to them were not disclosed.
The petitioners received a deposit and were promised more after relocation, but they were forced to relocate due to pressure and an eviction deadline.
They believe that only a few members benefited from the transaction and that the officials and law firms involved did not have the members’ best interests in mind.
The group alleged that officials took loans without informing them and a sudden change in the officials lifestyles after the disbursement.
They seek the court’s intervention to protect the members from further prejudice and ensure transparency in the distribution of funds
“Any further payment without the intervention of this Honourable Court will be to the detriment of the Petitioners who have already been evicted from the suit property without following due process as held in Mitu-Bell Welfare Society v. Kenya Airports Authority, SC Petition 3 of 2018.”
In the petition the community based organization, 13 officials of the organization, the Kenya Railway Corporation, the national land commission, cabinet secretary ministry of land, public works, housing and urban development, Johnson and partners advocates and Sankale and Company Advocates have been sued.
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