Thursday, 28 March 2019

PETITION: ESTABLISH STATUS OF EAST AFRICA RAILWAYS & HABOURS-LAND BUILDINGS AND ASSETS



The Speaker.
Rt.Hon Ngonga Martin.
East African Legislative Assembly.
P.O.Box 1096.
Africa Mashariki Road.
Arusha,Tanzania.

28th/March/2019

Salutation Sir.
PETITION: ESTABLISH STATUS OF EAST AFRICA RAILWAYS & HABOURS-LAND BUILDINGS AND ASSETS 
We are honored to note the commendable work you and the entire EALA are doing, we write to you highlighting a profound sense of responsibility and commitment bestowed upon you by the entire East Africa countries and its founding principles. Thus EALA is a creation of legal framework, thus legality can be defined as compliance with the legal framework in the process and composition of East Africa community.
CONSTITUTION OF KENYA Preamble states we, the people of Kenya are Committed to nurturing and protecting the well-being of the individual, the family, communities and the Nation, recognizing the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. Article 1 state all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. Art 2 (1) The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. Art 2 (5) General rules of international law shall form part of the law of Kenya. (6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.
(UDHR & ICESCR) Human Rights to adequate housing is recognized in international human rights law as component of the right to an adequate standard of living, as enshrined in  Universal Declaration of Human Rights (UDHR, adopted in 1948) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR adopted in 1966).

(VISON 2030) Kenya Vision 2030 is the country blue print covering the period between 2008-2030.It aims to transform country into a newly industrilized, middle income country. This vision is based on three “Pillars” the economic, the social and the political. On Social pillar it seeks to build a just and cohesive society with social equity in a clean and secure environment. Among the projects are viaduct roads captured in the Nairobi Integrated Urban Development Master Plan.



17 SUSTAINABLE DEVELOPMENT GOALS (17 SDGs)
In September 2015, the UN Member States adopted the “Transforming Our World: The 2030 Agenda for Sustainable Development”, known as 17 Sustainable Development Goals (SDGs) which has 169 corresponding targets. Enshrined in the 2030 Agenda are the pledges to “leave no one behind” and “reach the furthest behind first”.
 NEW URBAN AGENDA
(NUA), adopted in 2016 at the United Nations Conference on Housing and Sustainable Urban Development (Habitat III), is a document that sets the global standards of achievement in sustainable urban development firmly grounded in the UDHR that focuses on the realization of human rights, including the right to adequate housing. It sets the framework for sustainable urban development globally for the coming twenty years.
 LEGAL NOTICE 169 OF 2006
  In September 2005, due to haphazard negotiations and numerous court cases against Kenya Railways Cooperation (KRC) which had about 22,000, workers and staffs, about 9600 were illegally retired, retrenched and  Pensioners, the national assembly established Kenya Railways Staff Retirement Benefit Scheme(KRSRBS) was established and allocated about 17 Prime estates, located in major towns within the country. Its estimated that there exists about 324 estates which deed lease indicates belongs to East Africa Railways Habours, Land deed lease indicates that “By Virtue of East Africa Railways Cooperation Act of 1967 this land is vested in the East African Railways Cooperation dated 5.9.1969”
We point out that for the past 15 Years several commercial multi-million projects have been undertaken within these purported parcels of land contrary to the Deed-Lease specifications and ownership being questioned.
MUTHURWA ESTATE
Muthurwa estate stands at a 72 Acre land No.209/6502, located within proximity of Nairobi City Center. The 2009 Kenya Household Survey indicated that there were about 1674 housing units each measuring 10 by 10 Mtrs, and a population of density 7,049 area in square km 0.5 . We are cognizant to NIUPLAN, which is in the planning phase in collaboration to ongoing Sub Projects known as Railway City Project which is World Bank, EU, JICA Funded, waiting implementation phase by end March 2019.  We have suffered, or are likely to suffer, harm as a result of the World Bank’s failures or omissions in the awarding tender to GIBB International Ltd (A shell registered Company) to undertake “Consultancy services for preparation of feasibility studies, detailed designs, tender documents and supervision of selected roads and a green mall street Bus Station in the Nairobi Railway Station and its surroundings, a NaMSIP World Bank project funded under Credit No.51020-KE”.
WORLD BANK,EUROPEAN UNION AND JICA GRANTS
The government of Kenya is in the process of acquiring Ksh 12 Billion for construction of viaduct roads, passing, traversing or terminating within the Muthurwa land and an extra Ksh 7 Billion from the European Union and Japan International Cooperation Agency (JICA) towards Nairobi Bus Rapid Transport Project. The entire project and sub projects are shrouded in secrecy and fears of land grabs are in the offing.
In July 2010 on behalf of Muthurwa Residents we managed to institute Court Case No.357/2010 at the High Court of Kenya to challenge demolition and evictions. This matter was later merged to establish Petition No.65 of 2010 on Bill of Rights Article 43 of Kenya Constitution which states everyone has a Right to Housing and affordable sanitation, a high court verdict was issued and Attorney General was directed to come up with Resettlement, Evictions Guidelines Bill, which is yet to be assented too similarly  a clear Resettlement Policy Framework (RPF) this is a framework prepared to guide resettlement action and in particular the preparation of resettlement Action Plans during Project implementation .
As provided under WB Involuntary Resettlement Policy (OP/BP 4.12), information and consultation
On the detailed Free Prior and Informed Consent on Sub projects, hold open households Census, which entails  field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. Cut-off date of commencement of the census of PAPs within the project area boundaries. We also emphasise engagement of all Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project.
PETITIONERS PRAY:
In light of several petitions and correspondence we have engaged on behalf of our community, to AG and government of Kenya line ministry and petition addressed to President Uhuru Kenyatta dated 16th November 2018 titled “Establish Commission of Inquiry into KRC Land and Assets”  we do pray that:-
If the above will be realized, on behalf of 7654 (2009 Household Census) residents of Muthurwa estate request for Ksh 2 Billion for (Disturbance Allowance) resettlement to a place before realization of Agenda Four on housing is realized.
-Our Prayers, that Muthurwa Housing Cooperative Society/Muthurwa Residents Welfare Association be granted rights to demolish and carter away, all structures, i.e iron sheet, walls, stones, pipes.
-We Pray, that if agenda Four on Housing is realized, that the Muthurwa Residents through their groupings will be allocated (Quarter of the) part houses, business established there in.
-For Sentimental value we request ownership and custodial lease to manage and maintain Muthurwa Dallas Social Hall.
That if redevelopment of the Nairobi Central Railway Station and its Surroundings process is embarked on, the residents through their registered entity will be granted rights to manage all recreational,educational and sanitations amenities established therein.
Lastly for women empowerment we request that through Cooperative we be granted rights to own and elect commercial ventures there in, along the viaduct roads, and the anticipated Railway City Project.

MINISTERIAL STATEMENTS: SALE OF KENYA RAILWAYS CORPORATION HOUSES 2011


MINISTERIAL STATEMENTS: SALE OF KENYA RAILWAYS CORPORATION HOUSES 2011

NATIONAL ASSEMBLY
·         OFFICIAL REPORT
·         Thursday, 31st March, 2011
·         The House met at 2.30 p.m.





















·         Amos Kimunya (The Minister for Transport) 

Mr. Speaker, Sir, as requested by the Member for Makadara, Mr. Mbuvi, I wish to make the following Statement on the sale of Kenya Railways houses in South B. Mr. Speaker, Sir, some of the Kenya Railways Corporation (KRC) operations were concessioned to the Rift Valley Railways (RVR) on 1st November, 2006. However, various assets were retained by the corporation. Part of the Government’s strategy to improve the corporation’s financial position, included disposal of some of the non-strategic land and assets by outright lease or sale. In order to implement this strategy, an Inter-Ministerial Committee was formed and they prepared a report in September, 2007. This report made recommendations, including the outright disposal of specific properties, re-development and leasing of others. In addition, the committee recommended sale of some of the properties to staff at preferential rates. The report was then tabled to the board of KRC and recommendations were adopted
·         18 Thursday, March 31, 2011 (P)
·         The KRC board made recommendations for disposal of the South B houses in line with the requirements of the Kenya Railways Corporation Act (Cap.397). Consequently, the approval that was sought was granted by both the Ministry of Transport and the Ministry of Finance, pursuant to the provisions of the State Corporations Act which require that approval be given by the two Ministries. The Corporation was directed to dispose of the assets at market prices through a competitive process. You may recall that I mentioned that the committee had earlier recommended that the houses be sold to staff at preferential rates. However, when the approval was given, it was conditional to disposal of the assets at market price through a competitive process. Mr. Speaker, Sir, the sale of the 38 houses or plots in South B was advertised in the local Press pursuant to the directive and over 300 bids were received. The sale was by open tender and interested bidders, including members of RVR and KRC were invited to buy tender documents giving full descriptions, including the developments thereon, of all the properties. The properties were valued prior to advertising to determine reserve prices. Mr. Speaker, Sir, the tender process is now complete and names of the would-be purchasers are not known at this point. All the bidders were to obtain a viewing certificate as a mandatory requirement in the tender documents to ensure they familiarize themselves with the property and the developments on them. The tenders were opened on 11th March, 2011, in the presence of all the bidders or their representatives and the bids were read out. Mr. Speaker, Sir, neither the Ministry nor the Corporation is aware of any inducement having been paid to any person. I request the hon. Member to let myself or any other relevant organization have any evidence in this regard. In addition, no aliens were allowed to participate in the process as all bidders were required to either provide copies of their national identification or certificates of incorporation in the case of companies. Further, the lease termination notices issued to the tenants are in accordance with the individual lease agreements. Tenants were given notice in order to give buyers vacant possessions as envisaged in the bid documents and, therefore, no forceful evictions are contemplated. In conclusion, let me say that the entire process of the sale of South B houses is being carried out in accordance with the directions given by the Government following the report of the Inter-Ministerial Committee and it is in tandem with the provisions of the Public Procurement and Disposal Act of 2005 and the Public Procurement and Disposal Regulations of 2006.
·         Mr. Speaker 

Hon. Members, anybody interested in clarifications on this Statement?
·         John Olago Aluoch 

Mr. Speaker, Sir, yesterday, I listened very carefully as the Minister for Lands was explaining how valid title deeds can be transferred on leases that were given to public corporations. One of the things that the Minister said was that when conditions of the original lease indicated that the leasehold interest cannot be transferred or sold then any public corporation that attempts to make that transfer or sale, however competitive the process is, will be committing an illegality and will be breaching the conditions of the lease. Under these circumstances, could he clarify to the House if the leasehold interests that are being transferred by KRC are subject to the conditions of the original lease that was given to them?
·         Amos Kimunya (19 Thursday, March 31, 2011 (P) The Minister for Transport) 

Mr. Speaker, Sir, KRC is a body corporate with power to own, contract, have properties and dispose of property. It is no different from an individual who has a lease from the Government. The same conditions that apply to anyone who has a lease will apply to any other body corporate. Mr. Speaker, Sir, I know we have gone through this. We have also looked through it. There are different legal interpretations on this matter. But in this particular case, I would like to state that the Inter-Ministerial Committee that was formed in 2007 to look at this specific matter, had representation from the Ministry of Transport, Ministry of Finance, Ministry of Housing, Ministry of Lands, Ministry of Local Government, the Attorney-General’s office, the Inspectorate of State Corporations and the KRC. They looked at this matter and agreed on the way forward on this.
·         Amos Kimunya (19 Thursday, March 31, 2011 (P) The Minister for Transport) 

So, the Ministry for Lands was well represented and the Office of the Attorney-General gave its advice. It was agreed that, that could be done according to the Kenya Railways Act. The Act stipulates how the Corporation’s assets can be disposed of or leased. In the meantime, just for the comfort of hon. Members, and because this matter is going round and round, we have put efforts together to get this matter re-looked at afresh, have a Cabinet Memo that will then guide this process. That way, we can have one voice coming out of the Government through the memo that will have been agreed upon in the Cabinet. So, if you could hold on, we will ensure that we will, at least, have one voice coming out because we both believe we are right.
·         John Olago Aluoch 

On a point of order, Mr. Speaker, Sir. The issue that I have raised has not been addressed by the Minister. The issue was this: If it was a condition in the original lease that the interest would not be transferred, then it is possible that Kenyans who are innocent are being given title deeds which are not worth the paper they are written on. Could the Minister confirm? It is not a question of what the Government will do or what people have agreed on. But has the condition of the lease been changed to allow for transfers of the leasehold interest?
·         Mr. Speaker 

Mr. Minister, maybe, you may want to deal with that one specifically. That is because I understand what the hon. Member is getting at. He has narrowed it down to the conditions on which the lease is granted. If one of those conditions is that the interest is not transferable, then, obviously, any transfer is illegal. So, just address yourself to that area.
·         Amos Kimunya (The Minister for Transport) 

Mr. Speaker, Sir, as far as we are concerned with regard to those properties, that matter had been cleared. But before the conclusion of that process, the matter will be looked at afresh. In any case, the transfer process will have to be a joint effort between the Kenya Railways Corporation and the eventual buyers. So, we will have a look at it and if there is a hindrance to that, we will come up with the best way to ensure that nobody gets documents that are doubtful in terms of their legality.


LETTER TO THE CJ, JUSTICE TRAVESTY: 21 YEARS PENDING MATTER ON KENYA RAILWAYS CORPORATION


Hon David K Maranga.
Chief Justice Republic Of Kenya.
Head of the National Council
For the Administration of Justice (NCAJ) –
P.O. Box 30041 – 00100,
Nairobi 

Salutation Sir,
                 JUSTICE TRAVESTY: 21 YEARS PENDING MATTER ON KENYA RAILWAYS CORPORATION

KINDLY REFER: CJ 155/2 DATED 24TH MAY 2012

On behalf of Muthurwa Residents Welfare Association we are delighted by the commendable work you and the entire Judiciary is involved in, the measure and strides you have undertaken to make Kenya a better society for all is highly commendable. We are delighted and happy to be part of this distinguished process.

Kenya Judicial motto is “Balanced scales of Justice ensure transformation” in fulfillment of judicial constitutional mandate as stipulated under Art 159 and responding to high expectations and demands for improved performance, we wish to humbly request for your intervention in regards to 21 years Employment & Labour Court case before Justice. Nzioka Wa Makau.

The matter before court revolves around the financial award granted to Kenya Government by the United Kingdom Government amounting to £ 21,841,427/= to cater for the former workers of defunctant East Africa Community. Kenya Government being a custodian of the said monies was supposed to settle about 22,000 workforce of Kenya Railways Cooperation.

The deed of settlement filed in Kampala High Courts Civil Suit No.1010 of 1996 dated 27th Oct, 2000 filed in Tanzania High Court Civil Suit No.95 of 2003 dated 28th September 2006 respectively, indicates the above countries managed to settle the plight of the said workers.

In 1998 following the World Bank -Structural Programs, Kenya Railways Corporation ensured in retrenching, retiring of its workforce, over 9500 people become pensioners, whereby the Kenya Government in June 2006,established the Kenya Railways Staff Retirement Benefit Scheme (KRSRBS)  vide Kenya Gazette No.169 of 2006.
The KRSBRS allocated over 17 Estates and Prime Properties/ Lands located within major towns in Kenya, among them 72 Acres(valued  Ksh 34 billion as per 2018 market value) Muthurwa estate, 134 Acres Makongeni Estate, 274 Acres Landi Mawe estate. The purported allocation of these state corporation assets was done contrally to the law and spirit of constitutionalism, Its noteworthy that as the allocation and tilting of the said parcels of land, over 4000 people had an ongoing 1997 Court case instituted in Nakuru High Court (HCCC 1897 of 1997) ,which was consolidated with HCCS No.743 of 2002.

That there existed a Collective Bargaining Agreement (CBA) Registered in Industrial Court as RCA No.165 of 1998; however the agreement dated 30th March 1995 could not be traced in Court records. The Agreement reached by Central Joint Council held on 10th 14th  November 1997 stood.

That as the matter was pending in Court an Inter-Ministerial Committee was established comprising Representatives from Ministry Of Transport, KRC, Inspectorate of State Corporation, Civil Service Reforms Secretariat, Directorate of Personnel Management, Ministry Of Justice & Constitutional Affairs and Ministry Of Finance vide letter Ref.MOT/CONF/8.006 Vol.III Dated 26th September 2006.

That Hon Lady Justice Ali Aroni in 9th October 2009 stated that the fact KRC transferred houses and assets, the Orders issued by  Hon Judge Msagha J was still in force barring evictions relocation or tampering of their housing enjoyment. He pointed out that the action of the corporation was definitely an attempt to evade the orders of the Hon Judge Msagha J.HCCC No.397 of 1998 (Nakuru)  
       
By 2018 following judicial directives to expedite and fast-track, completion of old court cases pending in various courts countrywide, Hon. Justice Nzioki Wa Makau exposed over 9000 senior citizens to evictions which are being anticipated in the next few days(Earmarked  for April next week ) residing along railways houses mainly in Muthurwa, Landi Mawe and Makongeni estate,Nakuru,Kisumu, Mombasa and Nanyuki.

The Hon.Judge Nzioki Wa Makau stated he has been directed to sit in Nairobi from Nyeri for a week to dispose old matters. He went ahead and vacated orders for Non-Distress 2.He directed that the respondents may proceed to distress and obtain rent pending hearing. 

That through his ruling massive plunders and pillage of state corporation assets are exposed to fraudsters and wheeler dealers whom had paid down payment for the above parcels of land as early as in 2010.Hence the Petition No.65 of 2010 whereby Muthurwa Residents sued, an unbalanced and contradictory verdict by Justice Isaac Leonora was issued.

As of 2017 GIBBS International Ltd a shell company tendered for a Ksh 5 Billion to undertake consultancy services for preparation of feasibility studies, detailed designs, tender documents and supervision of selected roads and a green mall street Bus Station in the Nairobi Railway Station and its surroundings. A NaMSIP Project under Credit No.51020-KE funded by World Bank.
They have undertaken household surveys within the Muthurwa estate in guise of removing residents for commercial redevelopment purposes.

Residents in Muthurwa tends to suffer irreparable damage, harm, suffering from the project or program as it has come to our attention that NEMA issued a letter to KRC dated 22/8/2017 Issued (Mid-Presidential Repeat Election) indicating that there was no need to conduct a separate SEA for the Muthurwa projects, considering the projects was assessed in NIUPLAN, a plan that the residents were not involved and if they were, we totally  refused to consent or recognize the process.

However to settle all the matters related to Kenya Railways Cooperation/KRSRBS/Rift Valley Railways we humbly request for your able office to intervene.

That the ruling dated 17 th December 2018  by the judge Nzioki Wa Makau was designed to defeat justice.

We humbly request for your urgent intervention, in saving the country from imminent corrupt individuals and cartels targeting this once vibrant state corporation.


Yours Faithfully.


Patrick Kamotho Githinji.
Chairman, Muthurwa Residents Welfare Association.


1.World Bank
Executive Secretary, the Inspection Panel
1818 H Street NW, MSN 10-1007, Washington, DC 20433, USA
Email: ipanel@worldbank.org .

2.The East African Legislative Assembly.
The Speaker.
Rt.Hon Ngoga Martin.
martinngoga2020@gmail.com


3. Office of the First Lady, State House - 
fl.secretariat@president.go.ke, 
@FirstLadyKenyaHon
H.E. Margaret Kenyatta
First Lady of the Republic of Kenya
P.O Box 30510, 00100 Nairobi.

4.Chief Justice Republic Of Kenya.
Head of the National Council
For the Administration of Justice (NCAJ) –
P.O. Box 30041 – 00100, Nairobi 
0730 181600/1700/1800


5.Attorney General,
Justice Paul Kihara Kariuki 
P.O. Box 40112-00100, Nairobi, 
Kenya. E-mail: communications@ag.go.ke



7. British High Commission- Kenya.
P.O.Box 30465-00100
Email;bhcinfo@jambo.co.ke
Nairobi,Kenya.


8.State Department of Interior
Harambee House, Harambee Avenue
P.O Box 30510,00100 Nairobi.
Tel: +254-20-2227411
Email: 
ps.interior@kenya.go.keps.pais@kenya.go.ke

9. Council of Governors, info@cog.go.ke

10.Commissioner Kagwiria Mbogori,
Chairperson, Kenya National Commission for Human Rights –
 haki@knchr.org; complaint@knchr.org

11 Director of Public Prosecutions - @ODPP_KE


Ministry of Interior & Coordination of National Government.
15.Katiba Institute.


21 Years Justice Travesty,a Kenya Railways Cooperation Rip Off.

Greetings to all.Pan Africans

We call for International Support.

The attached below is our letter / Petition to the Chief Justice Hon David Maranga dated 26th March,2019.

The letter highlight how United Kingdom Government in 1997 gave a grant of Pound  21,841,427 /= to settle over 22,000 Workforce of Kenya Railways Cooperation,we have highlighted how Uganda Case and  Tanzanian Cases were finalized and how it related to Kenya. 

The petition highlight how corruption and underhand dealing have crept back to Kenya Judicially (Fastracking Process) especially a vedict by Justice Nzioki Wa Makau  which he lifted Interlocutory Orders within it  targeting housing rent(Over 9000 Pensioners and Retirees faces evictions in two weeks,) the Orders which was agreed in Collective Bargaining Agreement(1998) issued by Justice Ari Aroni and J Msagha,In December 2018, Justice Nzioki Wa Makau directed by Chief Justice to sit for a week in Nairobi and finalized old cases,instead of fastracking the matter he opened a loophole which exposes the said grouping to evictions granted that by year 2010 most of Kenya Railways lands and assets have been sold and non refundable down payment made,thus how the Muthurwa Resident through Katiba Institute and the (Compromised Kituo Cha Sheria) ended up in Court.


We have attached copied of how Ministry Of Transport and Ministry of Lands directed  Kenya Railways Corporation (State Cooperation )formed an entity known as Kenya Railways Staff Retirement Beneffit Scheme (KRSRBS) which they purported to grant 17 estates  worth over 21 Billion (2006 Alexandor Forbes Audit) to cater for Pensioners needs,you can see the assets/lands were in real sense 21, cureently over 12 assets have been sold  and pensioners going for almost five months without pension.

Its interesting to note that the KRSBRS-Scheme has been claiming to represent the interest of over 9500 exaggerated out of the 22,000 initial workforce, this has been a ploy by cartel,which formed the scheme in 2006.Since the formation of the said scheme it has only managed to hold 5 Aual General Meetings which attendance has never reached over 1000 people,its a fraud of highest magnitude.Cartels have been amassing and swindling the purported schem since its formation in 2006.

We have copied the petition to World Bank and several government institution ,granted that World Bank -Kenya Office is also involved in this scam,i.e the Award of Ksh.5Billion to GIBBS International Ltd (A shell Company) with no directors. to undertake the feasibility studies where by last year they undertook household surveys in Muthurwa and Landi Mawe for relocation and resettle ment.

We call for support t organize all groupings related to KRC /Scheme and Rift Valley Railways workers,whom have been disputing the sales and being left out.
As of today 28th March the counsel Mr. Greg representing over 12,000 Pensioners and retrenchess has been served with eviction notice.We humbly request for your interventions,i.e share the copy of the attached petition with Media / those with connection with the Chief Justice office request he review and form a three bench judge to finalize this matter alternatively help us file for a public interest litigation to challenge the ownership of those 21 parcel of land as attached 

View also  Hansard Report  NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 31st March, 2011
  • MINISTERIAL STATEMENTS SALE OF KENYA RAILWAYS CORPORATION HOUSES

The responce by the then Minister on how the KRC formed the Kenya Railways Staff Retirement Benefit Scheme(KRSRBS) 


+254 723033334 /0775914444

Patrick Kamotho.
Bunge La Mwanainchi