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Kajiado court stops construction on TATA chemicals land

Kajiado County Government has been directed to stop construction of structures on land leased by TATA chemicals limited in Magadi.
High Court Judge Rueben Nyakundi in a ruling Tuesday, stopped Kajiado county government from erecting any structures on the leased land in Magadi town but clarified that his orders did not mean, in any way, he has stopped the county government from carrying out its normal activities within the law.
He further directed the Court Registrar to document a status report of the lease agreement signed in 1928 so as to identify all key areas of contention between the County government and the company.
“I expect to have a comprehensive report in a week’s time since much has been said especially through print media but as a house of record and for the sanctity of the County, all parties will have to make submissions to the Deputy Registrar as well as accompanying him to the site so that the court can have a reliable report that shall be used to guide the direction of this matter,” said Nyakundi.
Tata Chemicals filed a petition stopping the county government from putting up structures on its properties in Magadi after the company demolished the foundation of administrative offices that were under construction in the town on Saturday last week.
In their submissions, TATA Chemicals lawyer Greg Karongo decried perceived harassment from the County government officials.
“My Lord, it will be important if you can issue an order to bar the County government officials from mounting roadblocks outside TATA Chemicals where they are harassing our truck drivers to pay road levies a sum of Sh 2,000 which is highly crippling our operations,” Karongo said.
However the Judge affirmed that the County government will have to continue to collect revenue from all business entities since payment of road levies is mandatory for truck users.
The multinational company is in a tussle with the county government over an outstanding bill of land rates amounting to more than Sh17 billion dating back to 2013.
Judge Nyakundi reminded the two parties to be cautious while undertaking their duties directing that both parties carry themselves with decorum in their engagements until the case is heard and determined.
The case will be heard on February 26, 2019.
By Rop Janet/ Albert Lemomo

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