11,000 rail retirees now oppose bid to attach assets

Eleven thousand retirees of Kenya Railways have opposed a renewed move by a developer to attach the corporation’s property.

The pensions and the Railways Corporation vehemently opposed a move by Erdemann Property Ltd to attach 21 properties.

Lawyers Cecil Miller, Peter Wena and Ben Millimo said the move by Erdemann to seek more property from the corporation in its bid to recover Sh26 billion is “in bad faith, mischievous, bad in law and an abuse of court process.”

Mr Miller urged Judge Alfred Mabeya to reject the move by Erdemann’s lawyer Gichuki King’ara to amend the pleadings of the case he filed in May 2012 since “it introduced totally new matters.”

The lawyer reminded Mr Justice Mabeya that he had made orders that the corporation should not dispose of properties.

Mr Millimo, on behalf of the registered trustees of the Kenya Railways Staff Retirement Benefit Scheme told the judge that the case is supposed to be adjudicated by an arbitrator.

The judge ruled that all the properties in Kileleshwa, Riverside, Lavington and Elgon Road in Nairobi will not be disposed of until he decides Erdemann’s case on July 23, 2012.

Posted on the DAILY NATION - Wednesday, June 27