Big score as EACC recovers Sh430m grabbed public land
The Ethics and Anti-Corruption Commission (EACC) has recovered public land worth Sh430 million from a former Lands Commissioner.
Sammy Mwaita allocated himself the prime land along Mombasa Road through a ghost company.
Justice Loice Komingoi ordered EACC to recover the land measuring approximately 0.8979 hectares, which had been reserved as an interchange for Mombasa Road and Eastern Bypass (at Cabanas) as Mwaita irregularly allocated it to non-existent company, WaK Limited in 2006.
She ordered the Lands Registrar to cancel the title deed. “So that no member of the public is duped to deal with the suit land, I do order that cancellation of the title be advertised in Kenya Gazette,” Komingoi ordered.
Anti-graft commission filed the case before the Employment and Land Court, arguing that the land belonged to the government and the transfer of the same to WaK and later to Mwaita’s linked company, Redwood Properties Limited, was made fraudulently and illegally.
“A declaration is hereby issued that transfer of the grant to Redwood Properties on or about July 30, 2001 in respect of the suit property was made fraudulently and illegally and is void and did not vest any lawful title on the firm,” judge ruled.
She further issued a permanent injunction restraining Redwood, its servants or agents from alienating transferring charging or in any other manner dealing with the suit property.
While issuing the orders, the court concurred with EACC that Mwaita colluded with the then Registrar of Titles, S.K. Wangila (deceased) to grab the land by causing it to be granted to WaK Ltd, a grant for the remainder of the term of 99 years with effect from June 1, 1998.
“Investigations revealed that on March 30, 2001 WaK Ltd, in conspiracy with and consent of Mwaita, transferred the suit property to Redwood Properties,” EACC informed the court.
EACC have given a detailed account how the two powerful officials abused their offices to facilitate the wanton grabbing of public land during President Daniel Moi’s regime.
Mwaita is also facing myriad corruption cases relating to the irregular acquisition of land. EACC has cited him in another case, in which he is accused of helping his brother Hillary Korir in fraudulently acquiring a 3.6-acre piece of land.