Mwaita graft case lifts the lid on wanton grabbing of public land
Former Commissioner of Land Sammy Mwaita (right) is on the spot for allegedly aiding his brother to grab a prime piece of land belonging to the Kenya National Highways Authority (KeNHA) in Nakuru county.
The latest probe will lift the lid on how powerful officials abused their offices to facilitate the wanton grabbing of public land during President Daniel Arap Moi’s regime.
Mwaita is facing myriad corruption cases relating to the irregular acquisition of land. He has been cited in an investigation by the Ethics and Anti-Corruption Commission (EACC), which claims he assisted his brother Hillary Mwaita Korir in fraudulently acquiring a 3.6-acre piece of land reserved for the road agency. Its current value is more than Sh100 million.
The EACC investigation, which commenced last December, states that Mwaita and his brother committed forgery and deceit in the grabbing of the land, identified as Nakuru Municipality block 20/232.
The anti-graft agency states that proper procedures for allocation of the land were not followed, the purpose for its annexation was not valid, and the two did not disclose their relationship to avoid curiosity.
EACC’s forensic investigator Jecinta Bungei, in an affidavit filed before the Nakuru Environment and Land Court, avers that the brothers hatched a scheme to irregularly acquire the land. “In all his correspondence to the Commissioner of Land, the petitioner (Korir), intentionally omitted his surname to conceal his relationship with the Commissioner,” Bungei told the court.
According to EACC, the land was set aside in 1977 by the Ministry of Public Works as a road access camp. But on January 7, 1978, an amendment was made were ‘part development plan’ reference number R7/78/1 was drawn and signed by the physical planning directorate.
It was approved on January 11, 1980, by the Land Commissioner.
However, before a letter of allotment could be formally issued, the director of physical planning had to have received requests, in writing, from the Commissioner of Land to prepare a ‘part development plan’ to facilitate such allocation of land.
Documents provided by Korir indicate many other unprocedural deeds and cover-ups by the accused parties and their agents. The case continues.
