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Beth Mugo, Devani embroiled in Mombasa property tussle

07 March 2014, 18:10 Millicent Kawii

Nairobi - Nominated Senator Beth Mugo is at the centre of a land dispute with fugitive Yagnesh Devani.

The former Health Minister Mugo alleges that the land tussle was resolved by an inquiry made by the National Environment Management Authority, NEMA in their favour provoking an appeal by Mr Devani.

NEMA made a ruling on the matter on December 20,2007 in favour of Ms Mugo and six others; Mr John Mbuvi, Mr Nick Mugo, Mr Manga Mugwe, Mr Joel Lesale, Mr Eugene Chernel and Mr Donatco Fonseca.

“Mr Devani has continuously abused the court process to ensure that the dispute is not determined in a speedy and more efficient manner,” Ms Mugo held.

She said that she verily believed that Silvercrest International Limited owned by Mr Devani has deliberately set out to mislead the court in order to prevent the ends of justice.

The court however granted a consent halting any development on the parcel as it was an interest to both parties.

“The advocates have registered a caveat against the title of the property prohibiting the removal of the restraint until the application filed is heard and determined,” Justice Nyambura Gacheru said.

The disputed land lies along Barracks road in Mombasa with a public access road to the beach which Devani’s company, Silvercrest, closed leading to the inquiry by NEMA.

According to a NEMA report, the company’s building had 6 floors and posed as a hazard in time of emergency and also discharged muted waste into the ocean.

The dispute erupted way back in 2007 when the then Municipal Council of Mombasa and the Ministry of Lands conducted an Environmental Impact Assessment headed by NEMA and concluded that Mr Devani’s company had destroyed the environment with effluents.

A Mombasa court had ordered payment of fees amounting to 7.4 million to Ms Mugo with the six others which Mr Devani refused to honour and instead appealed the order.

Justice Joseph Sergon in his ruling said that he did not find merit in the submissions made by the Devanis’.


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