The National Social Security Fund (NSSF) will now have to fight in court to keep a 1,000-acre-portion of Ngong Forest it bought from Ankhan Holdings — a company associated with Jonathan Moi, Sammy Boit Kogo and Hubert Nyambu Mwakibwa — as the Kenya Forest Service seeks to reclaim the prime property.
The NSSF has been watching from the sidelines as Ankhan Holdings and the National Land Commission do battle on its behalf in court despite the fact that the pension fund stands to lose ownership of the property worth billions of shillings.
One year later, Justice Kossy Bor dismissed the petition, which would have allowed KFS to maintain the property as part of Ngong Forest while leaving NSSF with only two options — lose the land or pursue Ankhan Holdings for a refund.
Rather than develop the property as indicated in the request for allotment, Ankhan Holdings sold the land to NSSF on May 16, 1994 — just two months later.
The Court of Appeal noted that Ankhan’s suit was curious, as it had long sold the property to NSSF, which ordinarily should have been the suing party because it owns the land.
