Mombasa residents in a high-stakes land compensation dispute want billions of shillings awarded to a company associated with Mombasa tycoon, Miritini Free Port, currently held by the National Land Commission (NLC) transferred to a joint interest-earning account pending a court ruling set for January next year.
Through their lawyer, Gikandi Nguibuini, the petitioners told a High Court in Mombasa that the funds should be placed in an interest-earning account to prevent loss of value while the matter awaits determination.
“We want parties to record a consent to have the money transferred into a joint interest-earning account. The NLC has no business holding the money. Whoever will ultimately get the money will lose interest if it keeps idling in the NLC account,” Mr Gikandi said.
The application is part of a wider case in which Mombasa residents, including Teresiah Runje, are challenging the legality of the compensation paid to Mr Jaffer.
Mr Jaffer is expected to next month learn whether he will be compelled to refund billions of shillings in compensation that a court had previously described as illegal.
High Court Judge Jairus Ngaah on Tuesday said he would deliver his ruling on the application seeking the refund of the disputed compensation paid by the NLC in January next year.
The judge said the decision would be published electronically through the Judicial Case Tracking System (CTS).
“I will post the ruling on the CTS system. The decision will be ready for posting on that date. It is one of the many rulings and judgments that will be ready for the parties early January,” Justice Ngaah said.
The petitioners argue that Mr Jaffer was unlawfully compensated for a land that did not belong to him, resulting in the loss of public funds. They further contend that the National Land Commission acted illegally and without proper due diligence in processing and approving the compensation.
They are now seeking court orders compelling Mr Jaffer to refund the money to the State, should the court uphold their case.
The dispute has drawn significant public interest due to the huge sums involved and ongoing concerns over irregular land compensation awards, particularly those involving public lands and state agencies.