An International Church Organization has lodged a suit seeking the removal of the Chief Land Registrar from office for declining to release its title deed of Sh 400 Million as ordered by the court.
Besides kicking the chief lands registrar from public service, Holistic Mission for All Nations (HMAN), is also praying that all the known properties of the public officer be sequestrated (attached for public auctioning) to cater for the loss the organization has suffered since October 2006 when it acquired the 5-acre parcel of land in Muthaiga within Nairobi County.
HMAN, a South Korean church organization, sponsors education, health and community development projects across the country.
In its case filed under a certificate of urgency by lawyer Lawrence Nyangito, HMAN has accused the registrar of blatantly defying a court order for the release of its title deed.
Nyangito says the chief lands registrar has conducted himself with impunity and has remained disrespectful of the court’s order “hence the need for urgent intervention by the court and grant of orders prayed for.”
HMAN overseer for Africa, Hun Yon Lee, has disclosed in the court pleadings that the Attorney General on October 4, 2023, told Justice Oscar Angote that the state was not contesting the release of the title deed of the parcel of land to HMAN which it acquired on August 4, 2006 at a consideration of USD ($) 180,000 (KSh13,580,000).
Nyangito told Justice Angote that HMAN purchased the land from one Ok Hyuan Bae to put up its command Center for the East African Region and Africa.
The Environment and Lands Court has been informed by Nyangito that since October 4, 2023, the registrar has been sitting on the court order without effecting it thus subjecting the church organization to immense suffering and prejudice.
The lawyer says in the evidence tendered before the judge, that HMAN is left with no other alternative but to seek the court’s intervention to compel the registrar to release its title deed.
Nyangito has applied to have the registrar arrested and produced before Justice Angote for contempt of court and be put to prison for a period not exceeding six months,
“I urge this court to issue a warrant of arrest against the registrar of titles, Ministry of Lands for committal to jail for contempt of this court’s orders of April 9,2024,” prays HMAN.
The judge has been told that court orders are meaningless unless effected.
“That as a result of the non-compliance of the courts’ order HMAN has been subjected to great prejudice and damages owing to the fact that the church organization cannot utilize the property in any meaningful manner as the title deed of the subject property is illegally detained by the Chief Lands Registrar Ministry of Lands-Ardhi House,” states HMAN.
On April 9, 2024, Justice Angote directed the chief lands registrar to release the title deed to the property unconditionally in respect of Nairobi/ Block 189/925 L.R No 27/64.
The judge has been urged to commit the registrar to jail and upon completion of the jail term he is declared “unsuitable and unfit to serve in the public service as the Chief Lands Registar.”
Justice Angote will render a decision on notice.