Bottomline:Regulations also ought to be put in place through proper legislation so that riparian lands are mapped out clearly to avoid tension when SANY comes by to pull down the illegal structures.
I shudder to imagine how the hell on earth individuals would sell a 50 by 100 plot of land for a mere Ksh 150.Considering the level of madness generated when it comes to land issues in this country with land for sale sign posts everywhere along the road.print adverts, tv commercials and on digital platform. Extraordinary is it!
But this is how the story unfolds. The story of two individuals stalemating in Mombasa law courts over an unprofessional sale of land that absolutely went haywire.
It defeats logic that one should enter into an agreement that would see them part with no more higher the aforementioned figure to acquire a piece of land almost thrice the above stipulated figure. A sum of 150,000 Kenyan shillings and still counting should be atop the table should the chunk be in other prominent urban settings or flaunty prime land in geographical locations – the likes of the city under the sun.
One flat at the periphery of Mombasa city heading outwards towards Kilifi county holds a queer manifestation of such unorthodox and barbaric orchestrations on matters land sale.
A guy by the name Simon Wadhugha Albert is the sole owner of this four- storey duplex that is the source of conflict in the recent past amid a very vocal community in the Giriama – who stand as long term natives of the area popular as Majaoni on Utange – Kisauni road. The rich kid Simon who is few years shy of 30 actually did decide to take the issue to court so that real justice could be sought.
However, Simon checked in at the Mombasa law courts as the defendant and not plaintiff. Quite a rare type of irony. He acknowledged somehow he was the wrong guy, and that the poor guy whose community sided with him were constantly accusing Mr. Albert of human exploitation during the land agreement.
The gentleman’s building stands in existence for close to 5 months now and was built for tenants in not more than 3 months a period, while its finishing and furnishing remains underway. Suffice it is to say that the premises; a total of 104 bed sitter rooms is a business entity of a “one – man army”; the man in tremendous critique among the locals.
So who sold it to him? what conflict vindictively exists between Simon and the locals? Is it wrong to buy a fifty by a hundred piece at one hundred and fifty?
Mathias Katana Masha, at 5 foot 10 is a sorry man. Distressed, aging, illiterate and unfortunate. A combination of that draws back factors enough to condemn the sorry father of three to unending poverty triggering his act of sale out of shear need. Sale as a result of circumstances and not sale at the right time.
It also came of wind amid a much verbal extended family of his that his youngest son had secured an opportunity to try his luck in Germany as a young football ambassador to the VFL Wolfsburg Academy – under 17’s. The collapsed sale was in a bid to see such dreams and family ambitions tumultuously materialize.
So Mathias and Simon exist to us as plaintiff and defendant respectively as from January 2018 to date, with their case reaching a rigid impasse.
The former actually did sue Mr. Simon Albert on grounds of taking advantage of his old age to consign the sale of a piece of land for an amount way below the standard rate as per the ministry of lands and land survey experts. This was after Simon opened the case as the defendant and Mathias did the same to sue Mr. Simon.
The court decided since their issue was a similar case, need wasn’t there for the court to have two different hearings of the same case. So Mr. Simon’s lawsuit was cancelled and the case thrown for ” closed,” the second lawsuit was validated and the case shifted to Shanzu law courts as it was quite a petty case as per the Mombasa law courts chief magistrate.
One among Mr. Simon’s neighbors who showed up in court gave insight to the whole scenario. The young lady whose name is withheld on grounds of anonymity did actually cite that the seller was dearly desperate during the sale. That a rich man who would come to put up a 104 room, 4 storey mega duplex is one thing that startled her.
” Mr. Mathias was in hunt for a buyer of his small plot for almost 6 months when the alleged exploiter turned up. The guy actually did push the former to the wall in what is to be termed as arm twisted negotiations. Simon is learned, from where do you find a plot for such an under exorbitant price? 150 is only enough to buy you a 2 yard wide footpath.” reiterated the young lady.
The young Giriama woman also did add that Mr. Albert knew what he was doing, that he did it on purpose and deliberately. If the whole case is to get examined critically, even his duplex itself lacks professionalism and standards of construction required by building and construction quality assurance authorities.
” The guy deliberately set out to exploit Mr. Mathias. He wanted to benefit from a cheap buy out clause and later channel all his funds to see a building completed. A building whose completion would make the lad pocket not less a figure than 0.52 million monthly once the place was fully occupied,” said the lady.
It is somewhat convenient for people in Kenya to lease or worse sell land out of shear need or urge to achieve an urgent need that requires quick cash; be it education for their children, burial expenses of a beloved soul departed in their midst, work arrangements involving family members working or travelling abroad for higher learning scholarship
This shouldn’t be taken for granted. There lies some impending need for the ministry under Farida Karoney’s oversight to ensure all chunks of land are surveyed to determine the most accurate value a particular piece should fetch in the market under prevailing conditions.
Regulations also ought to be put in place through proper legislation so that riparian lands are mapped out clearly to avoid tension when SANY comes by to pull down the illegal structures.
Regulations should staunchly outline measures against owners who double sell their lands to innocent buyers. To pay for land and later discover your complacency has almost cost you with existing threats of a second consignment to another fellow should be very boring if not totally mundane.
Another vital issue concerns title deed issuance. We currently have over 45% of Kenyans owning lands without their requisite documentation. This should change if affordable housing an Agenda four objective is to be actualized.