NSSF court deal with former Moi aides fails

Mr Joshua Kulei (left) and Mr John Lokorio. FILE 

By GALGALLO FAYO, gfayo@ke.nationmedia.com

In Summary

• John Lokorio and Joshua Kulei accused of selling two plots in Ngong Forest.
• The parties were to record a consent at the High Court detailing the settlement to pave way for the withdrawal of the land dispute that started in 2005.
• Justice Alfred Mabeya on November 6 had given NSSF and the aides a month to record the out-of-court settlement, but this lapsed last Friday.

The National Social Security Fund (NSSF) has failed to close an out-of-court settlement with former President Daniel arap Moi’s aides for allegedly selling the funds two plots that were part of Ngong Forest.

The fund has over the past two years been talking to Mr John Lokorio, a former State House comptroller, Mr Joshua Kulei, a former private secretary of Mr Moi and a company, Kerio Farms, to settle the dispute out of court.

The parties were to record a consent at the High Court detailing the settlement to pave way for the withdrawal of the land dispute that started in 2005.

The court was told that the deal has been delayed by Mr Kulei’s application to have the legal dispute struck out on the grounds that NSSF had failed to prosecute the case.

“The mention is to confirm settlement but negotiations have taken too long and the plaintiff (NSSF) need to programme,” said the NSSF.

“What is stopping is 3rd defendants (Mr Kulei) application dated 11/9/2012. By consent the application dated 11/9/2012 is marked withdrawn with no orders to cost.”

Justice Alfred Mabeya on November 6 had given NSSF and the aides a month to record the out-of-court settlement, but this lapsed last Friday.

In the withdrawn application, Mr Kulei claimed that the dispute has been in court since March 2005 and has been delayed by the endless applications and NSSF’s low interest in prosecuting the suit.

NSSF alleges that the two one-time powerful officials owned the company and used their influence in the illegal sale and transfer of Sh40 million belonging to the fund.

Forest Act

The workers’ pension fund alleges the Lands boss and other officials granted consent to the transfer of the plots and issued documents in disregard of the Forest Act.

It has alleged that the issuance of grants over the land was done with the intention of defrauding it as no degazettement of Ngong Forest was ever made.

The fund, before the out-of-court settlement deal, wanted the grants declared defective and incapable of being sold and transferred.

It also wanted the court to hold the aides and the then Land chiefs responsible for the loss of the Sh40 million.

Auditor-General Edward Ouko said the two properties along Ngong Road L.R. 20840 and 20841 lying next to Lenana School are worth more than Sh280 million.