Nairobi — The Ethics and Anti-Corruption Commission (EACC) has recovered grabbed public land valued at Sh430 million after the Environment and Land Court in Milimani ruled in its favor.
The land had been reserved as an interchange for Mombasa Road and Eastern Bypass at Cabanas.
According to the anti-graft body, the land in question was illegally allocated in 2001 by former Commissioner of Lands Sammy Mwaita.
Lady Justice Loice Komingoi of the Environment and Land Court ruled in favour of EACC findings of a fraudulent scheme where Wak Ltd, a private entity, was illegally allocated the 0.8979Ha public land even before it was registered as a company.
The anti-graft body its suit argued that its investigations revealed the land had been planned, reserved, and approved by the government for a road reserve within the Nairobi area and was thus not available for alienation.
"Contrary to the reserved use of the suit property and in excess to the statutory powers vested on the Commissioner of Lands the then Commissioner of lands Sammy Silas Komen Mwaita (3rd Defendant) and the then Registrar of Titles S.K. Wangila (Deceased) caused to be granted to Wak Ltd (1st Defendant) a grant for the remainder of the term of 99 years with effect from 1st June 1998," EACC said.
EACC said that their Investigations further revealed that in May 2001 Wak Ltd in conspiracy with and consent of the late Mwaita transferred the suit property to Redwood Properties (2nd Defendant).
"In addition, investigations established that the 1st Defendant was non-existent at the time of allocation, that is, Wak Limited had not been incorporated as a legal entity according to the evidence by Registrar of Companies thus lending credence to conspiracy and collusion between 2nd defendant and the 3rd and 4th defendants," EACC stated.
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In its ruling, the court ordered a permanent injunction restraining the 2nd Defendant, its servants, or agents from alienating transferring charging or in any other manner dealing with the suit property.
It further declared an order rectifying by canceling the entries made in the grant and transfer in favour of the 1st and 2nd Defendants in February 2001 and March 2001 respectively and restoring the suit property to its reserved, planned, and approved user.
The anti-graft body said that it is pursuing other cases in court as part of its efforts to recover public assets to the tune of Sh 14 billion.
"This is in addition to over 400 suits seeking forfeiture of KES.11.4 billion in unexplained wealth held by public officials who are unable to account for it," EACC stated.
