Thursday, 28 March 2019

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 to the former workers of defunct East Africa Community. Kenya Government being a custodian of the said monies were supposed to settle about 22,000 workforces 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 Benefits 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 were done contrary 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 with 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 of 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 a 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, 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 the guise of removing residents for commercial redevelopment purposes.

Residents in Muthurwa tends to suffer irreparably damage, harm, suffering from the project or program as it has come to our the 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.


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