Former Education assistant Minister, Calist Mwatela and his wife have asked a Mombasa law court to compel Mombasa county to pay them Ksh. 25 million. The money demanded by the petitioners is the agreed sum for the purchase of a 2.5 acre parcel of land.
The petitioners had entered into the deal with Mombasa through the county secretary.
In addition to the county secretary, the two have also joined Mombasa County and the county chief officer of finance and planning in the suit.
“Mombasa County has refused to release the purchase price which is due and owed to the applicants, in breach of express terms of the sale agreement,”the petition read.
In the petition, Mr. Calist Mwatela and his wife Jacinta Mwatela (a former deputy governor of the Central Bank of Kenya) claimed that the Mombasa county offered to purchase the land located at Mishomoroni area from them on behalf of the squatters.
The two petitioner claimed that they were the registered proprietors of the land. However, in 2003 several people invaded it and started erecting temporary structures without their authority.
The two petitioners stated that subsequently they had filed a case at a Mombasa High Court on March 24,2017. This suit was seeking possession of this land and damages for trespass.
“The county government of Mombasa thereafter intervened and offered to purchase the suit property on behalf of the squatters,”read a court affidavit document.
Nonetheless, in the recent filed court petition, Mr. Mwatela states that when he entered into a sale agreement with the county, the land was surrendered to squatters and the 2017 high court case was dropped.
He further states that the amount was to be paid by Mombasa County to them in two installments of Ksh. 10 million, with the balance of Ksh 5 million being cleared within 120 days from the date of the execution of the agreement.
The couple averred that the reason as to why they went after finance officer was that as the accounting officer, the office is under public duty to settle the purchase price so that the respondents should be compelled to pay them the full amount.
Justice Eric Ogola certified the application as urgent and ordered the filing of a substantive motion within 21 days.
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