Eunice Machuhi
2 July 2009
Nairobi — The interim orders of injunction issued against three Members of Parliament and several other individuals accused of acquiring State property illegally have been extended.
The registry has however allocated different hearing dates for the cases filed by the Kenya Anti Corruption Commission (KACC), five of which will be heard before High Court judge Festus Azangalala sitting in Mombasa on July 8.
The remaining 11 will be heard consecutively on July 15 and 16, and 22 and 23 before the same judge.
Those sued were restrained from dealing with the 16 properties until the cases filed against them were heard and determined.
The High Court judge sitting in Mombasa also allowed the anti graft body to serve the suit to the defendants by newspaper advertisement in the major dailies.
The MPs sued include Mr Sammy Mwaita the Baringo East legislator and former Lands Commissioner, former Permanent Secretary and current Kuresoi MP Mr Zakayo Cheruiyot and Lamu West MP Fahim Yassin Twaha.
There are 31 other individuals and eight companies enjoined in the 16 suits filed at the High Court in Mombasa.
KACC says its investigations revealed that the defendants illegally acquired 20 houses located on government land in Nyali about nine years ago.
Construction of the four bed roomed houses together with servants quarters commenced in 1974 and were completed in 1977 and were meant to accommodate senior staff members of Kenya Revenue Authority (KRA), Kenya Civil Aviation Authority and the Department of Meteorology.
The houses were then entered into the government building register but in 2000, the defendants illegally used the survey plan prepared by the government through the East African Community and registered with the Director of Surveys to prepare and register a grant in their names.
This registration was done without the approval and consent of KCAA board of directors, ministries of Land, Transport and Finance and without referring to government financial regulations or bond of survey procedures.
KACC 's investigator David Okwama also says that he was informed by Mr A.H. Swedi, the Chief Air Traffic Control officer at KCAA that one of the houses was also demolished by some defendants after they established that the previous occupant retired from KCAA and vacated the house.
In addition, the same defendants were on site to demolish the remaining structures and put up a perimeter fence.
The commission is now seeking injunction orders to preserve the properties and restrain the defendants or their agents from disposing of, wasting or interfering with them until determination of the cases.
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