The drama surrounding the East African Portland Cement Company (EAPCC) is far from over.
In a notice in one of the dailies, the Machokos County government has given conditions to the owners of the contested land.
The county said that proprietors are attempting to regularize land ownership without following the due process as laid down in the law including the Physical and Land Use Planning Act, 2019 and the Land Act, 2012.
Further, the county said the proprietors and entities have not sought consent from the leasee to to sell or subdivide the land, nor have they sought change of user from agricultural to residential.
“Unplanned, unsurveyed, unserviced and unregistered parcels of land cannot be sold to the public,” the notice reads in part.
“The proprietors have not notified the public of any intention to plan the properties as required under the Physical and Land Use Planning Act, 2019 and the rules and regulations made under the Act.”
According to the county, Portland Cement has not involved the appropriate stakeholders in the planned regularization, nor set aside land to be surrendered to the devolved unit for public purposes or for road widening.
The Governor Wavinya Ndeti-led government also stated that genuine squatters have yet to be profiled by a multi-sectorial team.
Read: Portland Cement To Sell Mavoko Land to “Squatters”
On October 17, Portland Cement issued a notice informing public that it will regularize and sell some of its land.
In a notice in the Daily Nation, the cement maker said it would give priority to those already occupying LR NO. 8784/144, 145 and 653 Mavoko.
Portland asked the occupants to state their claim within 14 days of the notice.
It further noted that it will sell the unclaimed pieces of land at the lapse of the notice.
“At the expiry of this notice, all unclaimed portions shall be competitively offered to the general public on a willing buyer willing seller basis,” the notice read.
“A site office has been set up and an office for this purpose is also available within EAPC Plc premises along Namanga Road.”
Read Also: Three Aimi ma Lukenya Officials Charged Over Disputed Portland Cement Land
Two weeks ago, a Machakos High Court declared the cement company the rightful owner of LR NO. 10424 located within Athi River in Mavoko.
This was following a suit filed by Aimi Ma Lukenya Society and a few individuals back in 2014.
The suit had been consolidated with Petition No. 10 of 2018 with Julius Mutie Mutua, Alex Kyalo Mutemi, Pascal Kiseli Basilo Mungui listed as plaintiffs suing as officials of Aimi Ma Lukenya Society.
Portland Cement, chief Lands registrar and Attorney General were listed as first, second and third defendants respectively.
Judge Lady Justice A. Nyukuri dismissed the suit with costs to the defendant.
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