Chief Justice David Maraga will be naming judges to determine the dispute in the Ruaraka land saga.
Lands Court Judge Bernard Eboso sent the file to the Chief Justice to set up a bench to hear and determine the case filed by National Lands Commission (NLC) chairman Mohamed Swazuri.
Judge Eboso declined to stop further payments touching on the land, noting that the bench would be best suited to issue such orders.
In a ruling made on Tuesday, judge Eboso stated: "The status of the land and payment remain unresolved. I'm satisfied that the reference is suitable for the constitution of a bench composed of an uneven number of judges.”
The NLC has triggered uncertainty about the ownership of the land with Swazuri seeking the court’s interpretation on whether it was public or private property.
Swazuri also sought for the court to determine whether the public lost Ksh1.5 billion, which was paid to Francis Mburu, for the land.
“The Applicant conducted an official search, which revealed that the suit property is currently registered in favour of two companies known as Afrison Import Export Limited and Huelands Limited,” his lawyer Wahome Murakaru stated.
Swazuri, in his suit papers, stated that the commission visited the piece of land where Drive-in Primary School, a Chief’s camp and Ruaraka Secondary School sit last year and valued the same to be around Ksh3.3 billion.
Businessman Francis Mburu, the man who claims to own the controversial Ruaraka land, was arrested and questioned by EACC detectives over compensations made to him.
Mburu maintained the Ksh1.5 billion he received as compensation for the 13.7 acres the schools currently occupy because he cancelled an earlier surrender notice.
