By Tony Wafula
The community around Sang’alo Institute of Science and Technology are celebrating after the Chief Magistrate’s court in Bungoma reversed a land case where Amin Ali Sheik had claimed ownership in a case where the Ethics and Anti-Corruption Commission appeared as the interested party.
The judgment read by Hon. S.O Mogute, who is the principal Magistrate indicated that Ali Sheik had filed a suit on 04th April 2019 seeking a declaration that he be declared the bona fide proprietor of land parcel noumber: Bungoma/Township/570.
Sang’alo Institute of Science and Technology had also filed a statement in defense to counter the claim on 24th April 2019 seeking Sheik’s suit to be dismissed with its costs, a declaration that the transfer of land parcel number: Bungoma/township/570 was irregular, unlawful and fraudulent as due procedures were not followed.
While testifying in the court, Chrisantus Wanyonyi, the former principal Sang’alo Institute said that Ali Sheik was a board member during the time the institution was purchasing the land and that he was also a signatory and even participated in the payment of the parcel of land with a sum of Sh4.4 million through Bulimo and Company Advocates.
Roselyne Muleshe, the current principal told the court that she adopted the contents of the records as her evidence and asked the court to order that the land be given back to Sang’alo Institute.
The EACC which was the interest party, through its officer Jackson Gitonga tendered his evidence that Ali Sheik was in conflict when he purchased the suit land and he was a bank signatory at the time the land was being purchased.
Gitonga added that the plaintiff was in the institute’s board meeting that discussed the purchase of the property.
In his final ruling, the Principal Magistrate, S.O. Mogute ruled in favor of the defendant by declaring that the transfer of land parcel number: Bungoma/Township/570 and the registration of the same in the name of Ali Sheik was irregular, unlawful and fraudulent hence the title for the land should be given back to the institute.
While addressing the press after the ruling, former institute Principal Roselyne Muleshe said that the will of the people prevailed; praising the EACC for making sure that public property does not end up in the hands of corrupt individuals.
“I want to applaud the EACC for their intervention to make sure that land is reclaimed back to the institution, I also appreciate all parties involved for making sure that we do not lose our land,” Muleshe stated.
