W***n ordered to pay Ksh5M as EACC recovers grabbed gov’t house

A woman has been ordered to pay Ksh5 million and surrender a government house situated at Villa Franca Estate in Nairobi which had been grabbed from the Kenya Reinsurance Corporation (KRC).

The Ethics and Anti-corruption Commission (EACC) confirmed the recovery of the house on Wednesday, June 21, 2023, saying the recovery follows a ruling delivered by the Environment and Land Court last week.

In its judgment, the court ruled that the transfer of the property from Kenya Reinsurance Corporation to Irene Muthoni Mwaura was illegal, fraudulent, null, and void.

Consequently, the court issued an order for cancellation of the transfer registered in favour of Muthoni.

The court also directed Muthoni to vacate and hand over the property within 60 days or face forceful eviction.

"The court issued a permanent injunction restraining Irene Muthoni Mwaura, her servants and/or agents from alienating, encumbering, disposing of, wasting, and trespassing upon or in any other way interfering with the property except by way of surrender back to the Government," EACC confirmed.

Muthoni was ordered to pay mesne profits amounting to Ksh5 million, for the period she occupied the property.

RECOVERY OF GRABBED GOVERNMENT HOUSE
EACC has recovered and returned to the public property known as L.R. No. 209/10611/173 https://t.co/Ic8mdTZCi4. 77586 situated at Villa Franca Estate, House No. 304, Nairobi which had been grabbed from the Kenya Reinsurance Corporation by one…— EACC (@EACCKenya) June 21, 2023

EACC recovers another property

The recovery comes weeks after EACC recovered a Ksh52 million bedroomed bungalow in Nyali, Mombasa County, belonging to the Kenya Civil Aviation Authority (KCAA).

In the recovery suit done in 2009, EACC sued Luka Kimutai, his wife Sally Cheptoo, Toro Estates Limited owned and the then commissioner of Lands Sammy Mwaita.

EACC told the court that the parcel of land had been granted to the KCAA before it was allocated to the defendants in 2000.

According to the agency, Kimutai transferred the grabbed land to Toro Estates Limited.

In the ruling, Justice Nelly Matheka of the Mombasa Environment and Land Court faulted Mwaita for breaching public trust when he illegally and fraudulently transferred land to the accused.

According to the judge, the property was not available for conversion to private land and as such, the actions of the commissioner were null and void.