Nairobi, Kenya - The High Court has intervened to halt the private prosecution of eight Telkom Kenya managers, including CEO Mugo Kibati, in a protracted land dispute valued at Sh15 billion. Justice Chacha Mwita issued the orders, preventing their arraignment before a magistrate’s court, pending the resolution of a related case in the High Court.

The Telkom Kenya officials, including directors Michael Ghossein, Loise Allella, Eddy Njoroge, Jinaro Kibet, Dorcas Kombo, and Sayyid Said, sought the court's protection against prosecution initiated by Postel Housing Co-operative Society Ltd and Stephen Magoma. The dispute centers on a 90-acre parcel of land located on Ngong Road, which Telkom claims as its property. The Environment and Lands Court (ELC) had previously affirmed Telkom's ownership of the land.

Justice Mwita emphasized the potential prejudice to the Telkom managers if the prosecution were to proceed while the High Court case remains pending. He noted that being compelled to enter a plea could significantly alter the nature of their case, particularly if their appeal ultimately succeeds. The judge asserted that such a scenario would result in "real and foreseeable loss or prejudice" that could not be adequately remedied.

The contested property has been subject to multiple legal challenges. In 2021, Telkom sued the Attorney General and the Ministry of Sports, Culture and Heritage, contesting the government's compulsory acquisition of the land for the construction of Posta Sports Grounds. Telkom argued that the acquisition was illegal and a violation of their property rights.

Telkom asserted that the land, valued at approximately Sh15 billion, was being illegally developed by the government without proper compensation or consent. The telecommunications firm claimed to have repeatedly raised concerns with the Sports Ministry, but received no response. Court documents reveal that Telkom learned of the tender invitation for the construction of Posta Sports Grounds on the property in June 2020, without prior consultation or adherence to due process.

Further complicating the matter, court records indicate that the Ministry of Public Service, Youth and Gender Affairs had previously gazetted the same land for compulsory acquisition in 2017, with the intention of establishing a jua kali operations center. Additionally, Aftraco Ltd and Exclusives Estates Ltd have also laid claim to the property.

The High Court's decision to block the prosecution provides temporary relief to the Telkom Kenya managers, pending a comprehensive resolution of the complex land dispute.