Pensioners under the Kenya Railways Staff Retirement Benefit Scheme (KRSRBS) can now breathe a sigh of relief after a Civil suit Number 294 of 2012 pitting Developer Edermann Property Limited versus the registered trustee of Kenya Railways Retirement Benefits Schemes and Kenya Railways Corporation signed an out of court settlement deal that is expected to put to rest a matter that according to the pensioners has caused them immeasurable pain and suffering in ‘justice delayed, justice denied’ fashion.
The dispute, which has been within the corridors of Justice for close to a decade started after Kenya Railways Corporation (KRC) and Kenya Railways Staff Retirement Benefit Scheme (KRSRBS) started selling land that Edermann Properties; a local developer held it had acquired through a tender.
The Plaintiff; Edermann properties Limited and Defendants have today through Mwaniki Gachoka & Co. Advocates and Gichuki King’ara & Co.Advocates respectively agreed to unconditionally drop the matter in a consent order seen by thetruth.co.ke. Further, the Plaintiff notes that the temporary injunction placed on the properties belonging to the 1st respondent is lifted and discharged by consent of the parties.
Real estate firm Edermann properties was initially seeking to sue for Sh26 billion in the suit which challenged the ownership of parcels of land LR.No 209/11953 in Makongeni, LR.No 209/11954 Railway club along Uhuru Highway, LR.No. 209/11953 Mutthurwa, LR.No 209/6507 Matumbato and LR.No 1/437, Mowbray court along Kindaruma road in Nairobi county.
The consent orders signed by advocates of the Plaintiff as well as the 1st and 2nd defendant noted that the Plaintiff had withdrawn the suit against the Defendants unconditionally and that each party would bear its own costs. The consent filed with the Deputy Registrar at the Commercial and Admiralty Division of the Milimani Law Courts further stated that no party will have any further claim against the other in relation to the subject matter of the suit.
Edermann Properties Limited had earlier indicated it was ready to put up an investment of over Sh40 billion on the contested properties. Putting into consideration the suffering of the pensioners, the properties firm had last month extended an olive branch to the KRC and KRSRBS retired staff which led to the withdrawal of the suit.
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