EACC blocks transaction on a Sh100m land grabbed from Kenha

The Nakuru Law Courts. EACC obtained orders blocking any transaction on a Sh100 million land allegedly grabbed from the Kenya National Highways Authority

Photo credit: Joseph Openda | Nation Media Group

The Ethics and Anti-Corruption Commission (EACC) has obtained orders blocking any transaction on a Sh100 million public land parcel allegedly grabbed from the Kenya National Highways Authority (Kenha).

The land in Milimani, Nakuru, measuring 3.7 acres is said to have been illegally allocated to Mr Hillary Kipkorir Mwaita by his brother Silas Komen Mwaita in 1998.

Mr Komen was then the commissioner of lands in Nakuru.

Environment and Lands Court Judge Antony Ombwayo issued orders restraining Mr Mwaita from carrying out any activities or transactions regarding the land pending the hearing and determination of a case filed by the EACC.

The agency moved to court seeking to recover the land on behalf of Kenha.

In its petition, the EACC claims it received allegations that the land (Nakuru Municipality block 20/32) had been grabbed and started investigating.

It established that this is government land reserved for a road access camp and government facilities were constructed on it.

The land had houses for public works employees, a fuel station, a service bay for government vehicles and other facilities.

The court heard that neither the physical planning department nor the board of survey was consulted before the land was allocated to Mr Mwaita.

The EACC argues that the commissioner of lands had no authority to dispose of the land and acted in breach of the law.

The agency said the land was highlighted in the Ndungu report, which recommended that the transfer to private individuals be nullified.

"This suit is of great public interest as the same affects public property of great value, and which if not secured through a prohibition, the government will suffer irreparable loss which cannot be compensated by damages," the EACC petition says.

The court heard that a laboratory built by Kenha on the land is used to test the moisture of different types of soil and levels to be used for construction projects.

In the suit, the EACC sued Mr Mwaita, Mr Komen and the chief land registrar.

It wants the court to declare that the land is owned by the public and cancel its transfer to Mr Mwaita.

The case will be mentioned on November 26.