Writes Leo Odera Omolo In Kisumu.
LOCAL sugar cane farmers in Miwani and its environ have planned to stage a peaceful street demonstration in favor of what they termed as milestone judgment by three appellant judges in Kisumu Court last Friday.
Members of the Riwruok Dongruok Jokano Manyien {RIDOKAM} a welfare organization which is involving in development and investment by the local community within the Kano Plains in both Nyando, Kisumu and Muhoroni district led by their chairman Mzee Walter Kitoto Adell thanked the three appellant judges for they described as “Solomonic Judgment”.
Adell said that as a gesture of appreciation to the job well done by he judicial officials the group would like to show Kenyans that the county’s judiciary system is very much alive and strong.”We are pleased and satisfied with the outcome of the prolonged court case because it has now put the question of ownership f Miwani nucleus estate to rest.” Said Mzee Adell.
Three Judges of the court of Appeal sitting in Kisumu last Friday ruled that 10,000 acres belonging to the Miwani Mills currently under the official receivership revert to its original owners and that a land title deed fraudulently obtained by a firm known as Crossly holdings be cancelled immediately.
The farmer’s decision to stage the demonstration in favor of the rung came immediately after an appeal court ruled that the land in dispute be reverted to Miwani Sugar Mills with immediate effect. The land in question had been sold to Crossly Holdings by firm’s consultant in the name of Nagendra Saxena, way back in 2003 for Kshs 752 million which was far much below its market value of Kshs 2 billion.
Saxena a company whose one of directors is also a dirt with the Kibos Sugar and Allied Industries had claimed that he had attached the land to recover defaulted debts owed to him the previous owners of Miwani Sugar Mills way back in 1993.
However, the matter was put to rest last Friday when three appellant judges Riaga Omolo, Phillip Tunoi and Daniel S Aganyanya ruled that the land reverted to its original owners, the Miwani Sugar Mills and the title currently held by Crossely Holdings be cancelled immediately.
The judges said that after examining the case, it was with no doubt that the regular procedures wee not followed during the same and acquisition of the Miwani factory and its estate.
The ruling threw the court into frenzy and dozens of local farmers who had jammed the court to hear the verdict burst out in jubilation with songs and dances.
It all started in 2003 when the government who owned Mwni Sugar Mills advertised for its privatization and a local firm in association with foreign investors successfully made their for with for Kshs 2.7 billion
Local farmers whose company was among the bidders, but whose bid was unsuccessful collaboration with other moved to court and filed legal suit claiming that the former owners of Miwani Sugar Mill owed them money in the equivalent of USD 400,000 for consultancy services and attached the land s collateral. The land was later sold in stage managed public auction in mysterious manner and its original title deed cancelled and a new one issued within the same day of the said auction.
The latest verdict follows a successful defense suit filed by the joint official receiver managers appointed by the government Eng.Martin Owiti and Kipng’etich Bett and the Kenya Sugar .Board.
In another verdict made a couple years ago the High Court Judge Justice John Mwera had ruled that certain individuals and groups involved in the alleged public auction and fraudulent transfer of the farm’s title deed to Crossely Holdings be thoroughly investigated by a competent police authorities.
The people suspected to have been involved in the scam include a magistrates, lawyers, senior officials from the Land Ministry, officials of the Nyando County Council and court officials.
The matter has since resulted in close to seven people including director of a sugar factory, senior land Ministry official, officials of the Nyando County Council a magistrate were arraigned to court late last year by the Kenya Anti Corruption Commission sleuths. They were released on cash bail of Kshs 5 million allegedly bailed out with cash bail deposit paid by one Sugar Company.
And now that the appeal has come out in favor of Miwani Sugar Mills it is hoped that the other case filed by KACC will be pursued to its logical conclusion by the KACC. And that the fraudsters will not be let out of the hook.
Ends