Four Mombasa residents have sued Ms Kabale Tache seeking a declaration that she is not fit to hold the office of the Chief Executive Officer (CEO) of the National Land Commission (NLC) or any other public office in the country.
The residents claim that Ms Tache has failed to effect a Deed of Settlement, where they are supposed to be paid KES 450 million, without any excuse thus bringing dishonour demeaning lack of public confidence and trust expected of the office of the CEO, NLC.
They also want a declaration that Ms Tache ceases to hold the office as CEO of the NLC or any other public office.
In their petition at the High Court in Mombasa, Ms Theresia Runji, Marieta Gitonga, Naomi Kiio and Sammy Macharia say they are parties who parcels of land were acquired by NLC for the construction of the Standard Gauge Railway (SGR).
They argue that failure by NLC to effect compensation necessitated filing of a case at the High Court which ruled in their favour before the commission appealed at the Court of Appeal.
The petitioners say that after the filing of the appeal, they engaged with NLC, which they have also sued, and reached an understanding that the appeal ought to be compromised by passing a Commissioners Resolution.
According to the petitioners, pursuant to the understanding, interested parties agreed on their own accord and entered into a Deed Agreement where they (petitioners) would be paid KES 450 million in partial payment of their claims consequent where two appeals would be marked as settled.
The interested parties are African Gas and Oil Ltd, Miritini Free Port Ltd, Creek Port Ltd, Semix Enterprise Ltd and Mjad Investment Ltd.
“The Deed of Settlement was entered into after very intensive and prolonged negotiations between the parties leading to the petitioners agreement to be paid by NLC the interested parties funds held by NLC,” part of the petition states.
The petitioners argue that upon execution of the Deed of Settlement, they forwarded it for execution by NLC and compliance with the terms thereof.
“The second respondent (NLC) unreasonably delayed in the execution of the same, however it (NLC) signed the Deed of Settlement dated April 24, 2026,” the petition states in part.
The petitioners further say that even after NLC delayed in the signing of the Deed of Settlement, they have delayed the remittance of the money to them (petitioners) in the terms agreed upon in the said Deed of Settlement.
“The petitioners state that even to date, the respondents have not effected the payments,” the petition states.
The petitioners also claim that the respondents have not been given any explanation or reasons why they have delayed in effecting the payment.
The petitioners claim that the respondents have severally promised them in writing that they would effect the payments but the promises have been futile.
According to the petitioners, the conduct and representation made by the respondents in the process of negotiations leading to drawing and subsequent execution of the Deed of Settlement led to legitimate expectation that payment would be effected forthright.
This, they argue was considering that the deal had the element of salvaging public funds in the process of the compromise.
The petitioners further say that in the circumstances the conduct of the respondents, and particularly the first respondent (Ms Tache) who has failed to effect the terms of the Deed of Settlement also amount to impunity and a gross violation of their (petitioners) right to fair administrative action.
The petitioners also claim that Ms Tache has failed to transparently and expeditiously provide them with accurate information or representation regarding prompt payment on compensation for their property thus not being accountable and lacking professional ethics contrary to the constitution.
They also claim that Ms Tache has failed to take charge and exercise duty and responsibility as the CEO of NLC to ensure their legitimate expectations are actualized as envisaged under the provisions of the Leadership and Integrity Act.
“The petitioners state that the first respondent is not fit to continue holding the office of CEO of NLC as she has grossly breached mandatory provisions of the constitution and statutory provisions that relate to her execution of duty in the said public office,” the petition states.
The petitioners are also seeking a declaration that the respondents have violated their rights as enshrined in the constitution.
They are also seeking a declaration that they have a legitimate expectation that the Deed of Settlement negotiated and executed on April 26, 2026, between the parties is binding and gave rise to a legitimate expectation that they were entitled to payment of the money.
They also want an order that the money is payable forthwith and without any delay to the petitioners in accordance with the formula set out in the Deed of Settlement.
Hearing has been fixed for October 26.
