EACC recovers Sh150 million land grabbed by Moi's aide de camp
Mr Alexander Sitieney when he vied for the Sotik MP seat in 2008. Inset: Mr Sitieney when he served as President Moi’s aide de camp.
The Ethics and Anti-Corruption Commission (EACC) has recovered land worth Sh150 million in Nakuru, that was grabbed by a former aide de camp of the late President Daniel arap Moi.
The anti-graft agency on Friday won a land recovery suit, which had been filed at the Nakuru Environment and Land Court, against the former President's aide de camp Alexander Sitieney and former Commissioner of Lands Mr Wilson Gachanja.
The land was grabbed from the Nakuru-based Pyrethrum Processing Company of Kenya.
“The court has established that the process of acquisition of the suit property by Mr Sitieney was illegal, irregular and unprocedural,” reads part of the judgement issued by Justice Anthony Ombwayo.
The court further ordered for rectification of the land register by the cancellation of the lease, certificate of the lease, and all entries on the land register in respect to the parcel of land held or made in favour of Mr Sitieney, so as to restore the suit property back to the Pyrethrum Processing Company of Kenya, the rightful owner of the land.
“An order of permanent injunction is hereby issued against Alexander Kipngetich Sitieney, his agents, servants or assigns restraining them from leasing, transferring, charging, taking possession, or in any other manner dealing with Nakuru Municipality Block 8/30 other than by transfer, delivery up or surrender of the same to the Pyrethrum Processing Company of Kenya," said Justice Ombwayo.
The prime land is located next to the Pyrethrum Processing Company headquarters in Nakuru City.
According to court papers, the EACC averred that in 2018, through its South Rift Regional Office in Nakuru, the anti-graft body received a complaint from the Pyrethrum Processing Company of Kenya on alleged irregular alienation of its land measuring 0.7024 ha, which was part of government land initially owned by the former Pyrethrum Board of Kenya.
According to EACC, Mr Sitieney illegally acquired the land in 1996.
The anti-graft agency told the court that, in or about 1996, Mr Sitieney, illegally and irregularly procured a lease over the suit property for private purposes.
"The lease was purportedly registered at the District Land Registry in Nakuru on May 29, 1998 and a certificate of the lease was issued to him on the same day, without the knowledge or consent of the Pyrethrum Processing Company of Kenya, the registered owner of the land," reads part of the documents filed in court.
The court further heard that on January 23, 1998, Mr Wilson Gachanja, the then Commissioner of Lands, illegally caused a lease to be issued over the property and registered in favour of Mr Sitieney purportedly pursuant to a letter of allotment. This was despite the fact that the property was at all material times planned and set aside for use as a public utility reserved for the Pyrethrum Processing Company of Kenya.
Investigations by EACC found that before the alienation of the suit property, the Pyrethrum Processing Company of Kenya was in possession of the land.
The land was used as a farmers’ demonstration field and was also used to dry pyrethrum.
The EACC had in 2021 sued Mr Sitieney and former Commissioner of Lands Wilson Gachanja, seeking to recover the multi-million property.
The EACC asked the court to declare the allocation and registration of the land illegal, null, and void.
However, in court papers, Mr Gachanja argued that the property was government land available for allocation and denied the allegations of fraud.
He asked the court to dismiss the suit and order EACC to pay the costs of the case.
In his defense dated September 2, 2021, Mr Sitieney denied the allegations of grabbing the property and averred that the land was legally allocated to him and an allotment letter and a certificate of lease issued to him. He further argued that he has been paying rates for the suit property.
"I was legally allocated the land. I have been paying land rates to the Nakuru County Government and rent to the national government,” stated Mr Sitieney in court papers.
