The brief facts of L.R. NO. 209/1064/1,2 and 3 Valley Road, Nairobi are as follows:
1.Kenya Railways Staff Retirement Benefit Scheme was registered on 4 May 2006 by the Retirement Benefit Authority.
2.THAT vide a legal notice no. 169 of 7th September 2006,
L.R. NO. 209/1064/1,2 and 3 Valley Road, Nairobi, among other properties were transferred and vested in the Trustees of the Kenya Railways Corporation Staff Retirement Benefits Scheme by the Kenya Railways Corporation.
3.THAT the Scheme was mandated and expected to lease and or dispose off the vested properties in order to pay the retirees of the Kenya Railways Corporation their pension dues that KRC could not pay due to liquidity problems.
4. THAT the trustees by way of advertisement of tender no. KRSRBS/02/PLM.2014 (Daily Nation Page 20 on 16 May 2014) for the sale of L.R. NO. 209/1064/1,2 and 3 Valley Road, Nairobi, disposed off the said properties to the highest bidder on 30th May 2014.
5.THAT on 9th December 2014, the highest bidder received a letter of offer to purchase L.R. NO. 209/1064/1,2 and 3 Valley Road, Nairobi, from the Kenya Railways Corporation Staff Retirement Benefits Scheme.
6.THAT on 10th December 2014, Mahadi Investment Limited re-deposited the tender security amount of Kenya Shillings One Hundred Million (kshs. 100, 000, 000) to the Kenya Railways Corporation Staff Retirement Benefits Scheme Co-operative Bank Account. Attached herein are two RTGS receipts for ksh. 65, 000, 000 and kshs. 35, 000, 000.
7.THAT on 17th December 2014, Mahadi Investment Limited received a Letter of Notification of Award of Tender no. KRSRBS/02/PLM.2014 for the sale of L.R. NO. 209/1064/1,2 and 3 Valley Road, Nairobi, from the Kenya Railways Corporation Staff Retirement Benefits Scheme.
8.THAT on 2nd February 2015, the Kenya Railways Corporation Staff Retirement Benefits Scheme and MahadiInvestment Limited executed a sale agreement in relation to the sale and purchase of L.R. NO. 209/1064/1, 2 and 3 Valley Road, Nairobi. Attached herein is the sale agreement.
9.THAT the agreed purchase price was Kenya Shillings Four Hundred Million (kshs. 400, 000, 000).
10.THAT upon receipt of Kes.200,000,000/=, and in keeping with the Sale Agreement, the Scheme handed over possession of L.R. NO. 209/1064/1,2 & 3 Valley Road, Nairobi to Mahadi Investment Limited on 3rd March 2015.
11.THAT clause 3.2.4 of the sale agreement dated 2nd February 2015 provided that the balance of the purchase price being Kenya Shillings One Hundred Million (kshs. 100, 000, 000) was to be paid upon confirmation that the Scheme had procured all the completion documents.
12.THAT upon receipt of these funds the Scheme utilized the same to pay retirees their dues.
13.THAT the balance of the purchase price currently stands at Kenya Shillings Seventy-Nine Million, Nine Hundred and Two Thousand Two Hundred (kshs. 79, 902, 200) which the Scheme is unable to receive because it has been unable to provide the purchaser with necessary completion documents.
14.THAT although the scheme has written to the KRC on numerous occasions asking for completion documents, KRC has failed, neglected and or refused to provide the said documents without any reasonable explanation.
15.THAT on the morning of Friday 15th November 2024, at 4. a.m.,10 years after Mahadi Investment Limited had taken possession of L.R. NO. 209/1064/1,2 & 3 Valley Road, Nairobi, and while awaiting completion, KRC through their police unit and unknown persons, stormed into property and forcefully evicted persons under the employ of Mahadi Investment Limited.
16.THAT the said persons have destroyed the Scheme’s structures on the property and continue doing so at an accelerated rate.
17.THAT the Trustees of the Scheme have not issued any eviction notice or are we aware of the forceful eviction conducted by KRC.
18.THAT after forcefully evicting our client and demolishing our structures, KRC has posted on the property strangers who are now residing on our property without any explanation, formal or informal.
19.THAT as retirees, we are shocked that KRC having installed a stranger on our property, what does that mean to our contract and the monies we have already utilized for the benefit of retirees. Is the said stranger vested with any rights over the property?
20.THAT the property is guarded by heavily armed police officers who are providing security for the impunity to continue. We have not been given access to the said property and have now resolved as retirees to forcefully take back our property and determine who the intruders on our property are.
