A section of members of the Daputo /Dafur settlement welfare scheme situated in Embakasi has moved to court seeking to have Kenya Railways Corporation (KRC) barred from paying any compensation to anyone purporting to be acting on their behalf.
In a petition by the 184 members, they want the Environment and Land Court to prevent the KRC from making further payments to representatives of the scheme.
They also prayed for orders barring the Corporation, by themselves, their servants or any other person from continuing and/or concluding the process of occupation of the 55 acres sold.
This is also to cover any part of the entire 93 acres of land.
They also want the court to compel the parties included in the payment to reveal the distribution formula and detailed accounts of the money received from KRC.
"From the information gathered, the amount due from Kenya Railways Corporation (15th Respondent) was Kenya Shillings Two Billion Seven Hundred and Fifty Million (Sh2,750,000,000.00/-) being the sale of 55 acres at the purchase price of 50 Million Shillings Per Acre," they stated.
The root of their case is explained through an affidavit sworn by Korinke Ole Giza on behalf of the other members.
He said that the Railways Corporation expressed interest in purchasing 55 acres of the land.
They were then instructed to open bank accounts for payment.
They were then paid deposits with the rest of the balance to be disbursed after relocation.
They argue that they relocated from the suit property on the promise that they would receive their balance of the purchase price.
They claim that the same has been long overdue and the money received was in varying amounts with the scheme officials paying themselves hefty amounts.
Through their lawyer Thomas Letangule, they have requested an intervention to protect them from further prejudice and ensure transparency in the distribution of funds.
They argue if the court does not intervene, the alleged illegal enterprise will go unaddressed and the principles of good governance as provided for under Article 10 are reinforced.
In the suit, KRC is sued alongside the scheme, 12 officials, the National Land Commission, Lands CS, Johnson and Partners Advocates, and Sankale and Co. Advocates.
The Law Society of Kenya, KCB and, Letangule and Co. Advocates are listed as interested parties.