Hezron Njoroge | NATION The building, which is to be reclaimed by the Embassy of Somalia after Tuesday’s landmark court order.
By RICHARD MUNGUTI rmunguti@ke.nationmedia.comPosted Tuesday, December 7 2010 at 21:00
In Summary
- Judge rules that property bought by Nairobi couple is protected by Vienna Convention
The Somali Government scored a major victory on Tuesday when it got back its embassy premises sold to a Nairobi investor 15 years ago.
In a landmark judgement, the High Court quashed the sale of the official house and the parcel of land on which it stands.
Mr Justice Mbogholi Msagha consequently reversed the sale and vested it back to the Somali embassy.
From court, the new Somali ambassador to Kenya, Mr Mohammed Ali Nur, lawyer Fred Athuok and embassy officials drove straight to the property in Nairobi’s Spring Valley area.
Standing on a two-and-a-half acre piece of land, the property was acquired by the Somali Government in 1972 and registered at the Lands Ministry in 1973.
When the government of then President Siad Barre collapsed in 1991, civil strife engulfed the country and all the diplomatic ties with foreign governments ceased.
In 1995 a former ambassador to Kenya, Mr Ahmed Sheikh Mohamud(criminals on the run), sold the residence and plot at Sh15 million to Mr Suleiman Rahemtulla Omar and his wife.
Immediately after the sale witnessed by lawyer Stephen Kibunja, Mr Mohamud fled to the United Kingdom.
Mr Omar transferred the property located at the junction of Brookside Drive and Lower Kabete Road. It is estimated to be worth Sh500 million.
However, the sale was challenged by former embassy officials Musa Hersi Fahiye, who has since died, Mr Mohammed Omar and the Republic of Somalia.
On Tuesday Mr Justice Msagha declared in his judgement: “The sale was fraudulent. The former Ambassador should not have sold the property. I cancel the sale and revert the property to the Republic of Somalia.”
The judge declined to vilify the Kenya Government over the sale because Mr Omar, Mr Mohamud and lawyer Stephen Kibunja who acted for the Embassy ought to have known the property was protected under the Vienna Convention and could not be sold until normalcy returned in Somalia. Nation
No doubt Somalis across the globe would be celebrating the sense of nationalism that arose from the case won in the Nairobi High Courts today; 07 Dec 2010. The case in mind is about the Somali Embassy in Nairobi that was illegally sold to a Kenyan of Asian origin in the early 1990s by the then Somali Ambassador in Kenya. Tributes kept on pouring to the current Somali Ambassador in Kenya HE Mohamed Ali Ameriko on bringing back a national property and restoring some sense of togetherness on this one case. History would treat him rightly on this success among many that he achieved.
However for every incident, there are implications. Apart from the celebrations and tributes from the Somalis across the globe, this case may well open a Pandora box for all the ill-gotten and stolen properties that belong to the Somali Nation. It will create a strong case for returning all the national properties that belong to the Somali nation irrespective of who took them, when they were taken and where they were taken to.
Where and when do we start, you may well ask. I wouldn’t put any timeline or place on this issue. What I would rather be appreciated is the fact we need to understand what is sacred and identified as national property. Hardworking Somali citizens have paid millions in the past, only to find their hard earned money have been stashed away in foreign countries. I would hope that we continue to push for national money stashed away in foreign accounts be returned to their rightful people-the Somali people.
Our national air space has been, for the last 20 years, the property of foreign NGOs based in Nairobi who have accumulated millions of dollars in the form of traffic fees from international and local airlines because there was ‘no government’ in Somalia.
Our national coastline has been, for the last 20 years, a place to dump toxic waste by unknown and known individuals and countries. Our seashores has become a free for all fishing ground by small and big fishing companies.
Often overlooked national property that is used and abused is the extravagant lifestyles of our self-styled MPs/Ministers/PM/President who often gain many airmiles while that money is national property that could be utilized to feed the thousands who are faced with starvation and daily bombardments or shootings from the warring parties.
In conclusion, my fellow citizens, legally and morally the nation’s resources are for all and not for any particular person. Lets all stand for what is rightly ours and protect it as did the Somali Ambassador in Kenya today.
No doubt Somalis across the globe would be celebrating the sense of nationalism that arose from the case won in the Nairobi High Courts today; 07 Dec 2010. The case in mind is about the Somali Embassy in Nairobi that was illegally sold to a Kenyan of Asian origin in the early 1990s by the then Somali Ambassador in Kenya. Tributes kept on pouring to the current Somali Ambassador in Kenya HE Mohamed Ali Ameriko on bringing back a national property and restoring some sense of togetherness on this one case. History would treat him rightly on this success among many that he achieved.
However for every incident, there are implications. Apart from the celebrations and tributes from the Somalis across the globe, this case may well open a Pandora box for all the ill-gotten and stolen properties that belong to the Somali Nation. It will create a strong case for returning all the national properties that belong to the Somali nation irrespective of who took them, when they were taken and where they were taken to.
Where and when do we start, you may well ask. I wouldn’t put any timeline or place on this issue. What I would rather be appreciated is the fact we need to understand what is sacred and identified as national property. Hardworking Somali citizens have paid millions in the past, only to find their hard earned money have been stashed away in foreign countries. I would hope that we continue to push for national money stashed away in foreign accounts be returned to their rightful people-the Somali people.
Our national air space has been, for the last 20 years, the property of foreign NGOs based in Nairobi who have accumulated millions of dollars in the form of traffic fees from international and local airlines because there was ‘no government’ in Somalia.
Our national coastline has been, for the last 20 years, a place to dump toxic waste by unknown and known individuals and countries. Our seashores has become a free for all fishing ground by small and big fishing companies.
Often overlooked national property that is used and abused is the extravagant lifestyles of our self-styled MPs/Ministers/PM/President who often gain many airmiles while that money is national property that could be utilized to feed the thousands who are faced with starvation and daily bombardments or shootings from the warring parties.
In conclusion, my fellow citizens, legally and morally the nation’s resources are for all and not for any particular person. Lets all stand for what is rightly ours and protect it as did the Somali Ambassador in Kenya today.
Resurrecting the Land of Milk and Honey
Somalia Ministry of Information
Somali National News Agency Daily News
 | Bulletin-ka SONNA Arbaco 08 Dec 2010.pdf 904K View as HTML Scan and download |
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