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Kiambu Affordable Housing land transfer blocked by court
Deputy President Kithure Kindiki (centre) inspecting the 705-unit Karanjee Affordable Housing Project in Limuru Town, Kiambu County.
Ethics and Anti-Corruption Commission (EACC) has obtained court orders blocking several individuals from selling or transferring several parcels of land in Limuru town, Kiambu County, earmarked for the construction of the affordable housing project.
The commission moved to court after the individuals claiming to own the land wrote to the National Land Commission (NLC), alleging unlawful interference with the said parcels and, at the same time, demanding compensation of Sh6.7 billion.
EACC said in court documents that the parcels, in Limuru town and Kamirithu, with a cumulative value of approximately Sh47 million, belong to the state and had been set aside for housing of civil servants.
One of the individuals, Mr Joseph Kinyanjui Mwai, wrote to the NLC in May 2019, demanding compensation of Sh6.7 billion in respect of several plots in Limuru Township.
“That the investigations revealed that the suit property was alienated Government land for residential use. It is therefore the Plaintiff/Applicant's (EACC’s) case that the suit property was not available for transfer to the Defendant/Respondent (Mr Mwai) or to any other private person,” EACC said.
NLC had earlier written to EACC and the Directorate of Criminal Investigations (DCI), recommending investigations into alleged forgery and the ownership status of the parcels. The parcels were allocated to individuals in the late 80s and early 1990s.
Other parcels have been registered in the names of Ms Hannah Waithira Njenga, David Kibiru Gathoga, Dominic Gichina Waiganjo and late Kiambu politician Kuria Kanyingi.
One of the parcels has been registered to Kuria Greens Mansion and belonged to the late politician, which the Ministry of Education has rented out for their offices.
Another land houses the offices of the ministries of Agriculture and Labour and Social Protection (Children Offices).
“That despite the fact that the suit land was not available for alienation, the same was alienated to the Defendant/Respondent and he is now demanding for rent arrears from the Ministry of Lands and Physical Planning from 1997 to 2024 at the rate of Sh50,800.00 per month amounting to Sh17,068,800.00, 12.5% interest of 1,365,504.00 totaling to Sh18,434,304.00 for IEBC offices and Sh50,800.00 per month, amounting to Sh17,068,800.00, 12.5% interest of 1,365,504.00 totaling to Sh18,434,304.00 for purported KeRRA offices,” EACC added.
The commission also sought an order for rent proceeds be deposited in a joint interest-bearing bank account.
EACC said it commenced investigations into allegations of the illegal and unlawful acquisition of the parcels, which were and are public property that have been reserved for government residential houses managed by the State Department of Housing.
“In the interim, a temporary injunction is hereby issued restraining the defendant/respondent by himself, his agents, servants of anyone acting on his behalf from selling leasing, charging, alienating or in any way whatsoever interfering with L.R/township/194 pending the hearing of the application inter partes,” Environment and Land court Justice Jane Onyango stated in one of the court orders.
The anti-graft body said investigations established that Mr Mwai, who is linked to approximately seven of the parcels under investigation, has on multiple occasions demanded payment of rent arrears from the government.
Kuria Greens Limited, which is currently occupying one of the parcels, had received rent payments totaling Sh9.5 million from the Ministry of Education as of March 2025.
The commission said there was no change of user undertaken in respect to the property from government residential use to private residential use.
Further, the property was never replanned for any other use other than residential government houses and therefore, the purported alienation to the individuals was irregular and unlawful.
“At all material times relevant to this suit, therefore, the suit property was alienated Government land for residential use,” EACC said, adding that the land was not available for transfer.
“Despite having express and/or implied knowledge that the suit property belonged to the Government of Kenya, the 1st Defendant illegally (Mwai) and irregularly caused to be alienated and registered in his name the suit property and subsequently transferred to the 2nd Defendant (Kuria) for their own personal benefit,” the EACC said.
The EACC said a survey of the parcels was done in September 1979 and subsequently approved on March 5, 1980.
From the sub-divisions, the parcels were reserved for government houses under the housing department.
“That government Houses Nos. LG 24A & B are currently occupied by a local radio station known as PFM Radio. Additionally, part of the suit property remains incomplete and is under construction for use by the Ministry of Agriculture,” said EACC.
The commission maintained that the alienation and registration of the suit property to the individuals was fraudulent and illegal, as the property was not available for alienation to private persons.
