KPA Risk Losing Land Due To An Expired Lease

The Kenya Ports Authority (KPA) risk losing property worth millions of shillings if a petition to remove them from a plot of land becomes successful.

KPA Risk Losing Land Due To An Expired Lease

Suleiman Mohamed and Soud Salim claim that KPA's 99-year lease to occupy land in Kizingo, Mombasa, has expired with no chance to renew it.

The two claim to be trustees for Mohamed Said Suleiman, the first trustee for Sheikh Binti Ali, the registered owner of property number Mombasa/Block/XXVI/17.

According to court records, KPA's precursor, East African Standard Ltd, signed into a 99-year private lease or indenture deal with the late Ali in 1920.

East African Standard Ltd was obligated to remove all buildings or improvements made on the property under the conditions of the lease and or indenture agreement as long as the plot's surface was restored.

The agreement further stated that any damage would be rectified at the company's expense.

“The lease and or indenture expired on or about September 30, 2019, by effluxion of time,” the petitioners said

On September 16, 2019, the petitioners told KPA that the lease had expired and had no plans to renew it.

KPA sought copies of lease documents to investigate the situation and compare the information to their records.

The petitioners wrote to KPA in the same year, demanding vacant possession of the property, but the agency refused.

The petitioners' rights to the property were then threatened with an adverse possession claim by KPA. The claim stated that KPA informed them its committee had proposed that petitioners compensate them for the building constructed on the property.