Anti-graft body moves to retake grabbed Egerton university land
The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking to recover grabbed public land worth Sh1.6 billion in Njoro, Nakuru County.
The commission in suit papers filed in court alleges that private persons in collusion with land officials grabbed the property belonging to Egerton University with corrupt Ministry of Lands officials.
Through a certificate of urgency before the Environment and Land Court EACC has sued Cantie HA Limited as the first defendant, Kipruto Kemboi as the second, and the Chief Land Registrar.
The commission while appearing before Justice Lynette Omollo accuses the three of irregularly hiving off 1,136 acres of LR No. 528 Njoro, property of the university.
EACC revealed they received a complaint the land on which the university is undertaking agricultural activities and research, had been illegally alienated and allocated to Cantie HA Limited who then transferred it to Kipruto Kemboi.
The land is said to have initially belonged to Lord Egerton of Tatton who gifted the Egerton Agricultural College (predecessor of the Egerton University) in 1960 and the property is among several parcels that were vested in the University for its agricultural activities and research purposes.
Title documents
According to EACC, even though Egerton currently occupies the property, Kipruto Kemboi has the title documents and there is a high possibility of him disposing of, transferring, or dealing in a manner likely to defeat the efforts of the commission to recover the same.
“Investigations conducted by the Commission have revealed that the title held by Kemboi was obtained fraudulently by Cantie HA Limited before transferring the same, unless this Court grants an order prohibiting the sale, the course of justice will be defeated,” stated the commission
“That it is in the interests of justice that the orders sought to be granted as any interference with university projects on the suit’s property will lead to huge losses on the part of the Government due to insufficient land to meet its research obligations,”.
EACC forensic investigator Maryline Kemei in a supporting affidavit in court stated that investigations revealed that on November 20, 1961, Cantie HA Limited fraudulently occasioned a lease to be issued over LR No. 528 NJORO, measuring 1136 acres to be registered in its favour.
Public utility
This, according to her, was done despite the suit property having been planned and set aside for use as a public utility reserved for the Egerton Agricultural College and not available for any other use or transfer to a private individual.
“The suit property which is under the occupation of the university is used to rear livestock and crop growing has been set aside for public use, it was never available for alienation and allocation to any other person,” she stated.
Kemei added since the suit property was alienated from Government Land and the Commissioner of Lands acting either by himself or through the land officer did not have any authority and/or power to allocate the suit property to Cantie HA Limited.
“This suit is of great public interest as the same affects the public property of great value, and if not secured through a prohibition the Government will suffer irreparable loss which cannot be compensated by damages,” she added.
The investigator in her documents revealed that the commission has a prima facie case with very high chances of success and the balance of convenience tilts in favor of the Commission adding that failure to secure orders will result in huge losses running into millions of shillings on the part of Government due to stalling of agricultural activities and research projects. From the court, they want an order directing the Chief Land Registrar to rectify the Register by the cancellation of the entries relating to the issuance of a certificate of title in favour of the first Defendant over LR 528 NJORO
They are also seeking an order directed to the Chief Land Registrar to register the parcel of land particularly described as LR 528 NJORO measuring 1136 acres or thereabouts, in the name of Egerton University.
“A permanent injunction restraining the second Defendant by himself, his agents, servants, employees, assigns or any other person whatsoever from charging, transferring, leasing, wasting, entering, developing, sub-dividing, occupying and/or dealing in any manner dealing with land parcel number LR 528 NJORO,”.
The anti-graft body noted that it was finalizing the criminal charges to recommend prosecution of the land officials and other persons involved in the fraudulent acquisition of the University land, to the Director of Public Prosecutions
According to EACC, the defendants knowingly conspired to alienate land reserved for public use by Egerton University despite knowing the land was reserved.
