National Land Commission starts probe into Lang’ata Primary school land grab

What you need to know:

  • The County Assembly Committee on education led by Mr David Kitavi has also indicated that investigations into the Lang’ata primary case will begin next week in separate efforts to get the school playfield back.
  • According to the registration of Titles Act seen by Sunday Nation the contested land was acquired in 1999 under Grant No LR 84565 by the company who had acquired other 4ha in the area in 1989 for a 99 year lease.
  • The controversy has roped in city officials who made haste in approving the development in less than a month during the December holidays.

The National Land Commission (NLC) launched investigations on Saturday into alleged Lang’ata Primary School land grabbing by a private developer.

Speaking at the school, NLC head of Investigations, Antipas Nyanjwa stated that the commission had commenced investigations with a view of revoking the title.

“We will be verifying the authenticity of the documents and the process in which the title deed was generated and the officials involved in hiving off this playground,” he said.

Mr Nyanja added that the commission would consult with the Ethics and Anti-Corruption Commission (EACC) and anyone who was involved in obtaining documentation for the piece of land would face persecution.

NLC chairman Muhammad Swazuri will visit the site that has since been turned into a battle ground between hired youth and school community.

HALT CONSTRUCTION

The probe may halt planned multi-storeyed mall and underground car park at the hived-off school playground even as separate investigations are launched.

The County Executive Committee member for Education Mr Christopher Khaemba confirmed that his office was looking at the matter in a bid to retain the land.

He added that City hall was on the verge of signing a Memorandum of Understanding (MoU) with the Ministry of education to take over primary school infrastructure in order to pursue the culprits of land grabbing in county schools.

The move is meant to remedy concerns raised by a report by a taskforce on education released last year, that showed 36 out of the city’s 205 schools had parts of their land grabbed.

Area MCA Mr Alex Otieno who tried to intervene the acquisition stated that officials and private individuals were taking advantage of the lack of proper documentation of city schools to grab their land.

SEPARATE INVESTIGATION

“No single school has a document that states their exact size. I have been trying to reach the governor to get a solution. We will go to court and petition the ministry of lands. But I won’t let the school I went to as a child loose a playground,” Mr Otieno said.

The County Assembly Committee on education led by Mr David Kitavi has also indicated that investigations into the Lang’ata primary case will begin next week in separate efforts to get the school playfield back.

Lang’ata primary also lodged a formal complaint with the police in December last year, OB No. 18/20/2014, and wrote to Nairobi City County in an appeal to have the playing field accessible to students on return after the teachers strike.

Contest between the school and Airport View Housing limited for the parcel on LR No 209/12848 drags back to 2010 over the school signboard that has now been ringed in by a 3-metre high perimeter wall complete with a gate.

School officials claim the wall was stacked hurriedly in the dead of the night with no regards for safety on top of a sewer line that serves the school.

Through their lawyer Chege Njoroge, the company had written to the school demanding surrender of the property, written confirmation for non-interference and an unconditional admission of liability plus compensation for the same.

Mr Njoroge argued that the company had legally acquired the controversial 0.6ha on the border of the school 2 acre plot LR No. 209/7996.

ADMITTED

According to the registration of Titles Act seen by Sunday Nation the contested land was acquired in 1999 under Grant No LR 84565 by the company who had acquired other 4ha in the area in 1989 for a 99 year lease.

In his letter Mr Njoroge admitted that prior to the acquisition the parent parcel LR No 209/12256 was amalgamated and subdivided into three parcels (LR No 209/11296/ 1-189, LR No 209/11296109 and LR No 209/) and titles issued.

The school disputed the claim in 2011 and served the Kenya Anti-Corruption Commission to investigate the acquisition of the land.

Sources inform Sunday Nation that the developers have now resorted to threats and intimidation with an army of hired youth who pose a threat to the security of students were school term to resume.

The controversy has roped in city officials who made haste in approving the development in less than a month during the December holidays.

Officials gave a go ahead to Airport View Housing Company owned by Mr Mayank Singh to set up a perimeter wall in December 12 barely 34 days after a Vinemag enterprises company had expressed interest in developing the multi-storeyed shopping mall on the property claimed by Mr Singh.

REPORT INVASION

On November 12 County Chief Lands officer Mr S G Mwangi stated that there was no conflict whatsoever yet in 2010 City Council Town Clerk Mr Tom Odongo had expressly instructed Lang’ata Primary Headmaster to notify city hall in case of any attempt to encroach on the school property set aside for expansion.

Incidentally even before a formal request had been placed by Vinemag enterprises, suspended Chief Officer Urban Planning Mrs Rose Muema had written to the Kenya Civil Aviation Authority over a proposal to set up a multi storeyed shopping mall.

The land is in the neighbourhood of Wilson Airport and Mrs Muema wanted to know the height restriction for such a building in the flight path.

Mr Mwangi in a memo dated December 2, to the Chief Officer education instructed the school to remove any encroachment into the said land to avoid ‘unnecessary litigation’ as the land had been established to have been private land.