EACC seeks to recover Sh1.3bn public land in Naivasha
Integrity Centre in Nairobi which houses the Ethics and Anti Corruption Commission offices. EACC seeks to recover two parcels of land in Naivasha valued at Sh1.3billion
The Ethics and Anti-Corruption Commission (EACC) is seeking to recover two grabbed parcels of public land valued at Sh1.3 billion set aside for a stock farm in Naivasha by the government.
The parcels of land-Naivasha Municipality Block 5/289 measuring 41.08 hectares valued at Sh 1.2 billion and Naivasha Municipality Block 5/291 measuring 11.28 hectares valued at Sh 100 billion.
A statement by the anti-graft agency seen by the Nation, indicates that the land was irregularly and fraudulently allocated by former Commissioner of lands Wilson Gachanja to private entities namely Pineapples Edge Limited and Trojan Nominees Limited.
“Suits to recover the two parcels are active before two separate Environment and Land Courts in Nakuru having been filed on June 30, 2022 and July 1, 2022 respectively,” the statement shows.
The recovery case for Naivasha Municipality Block 5/289 is before Lady Justice Linnet Omollo while Naivasha Municipality Block 5/291 is before Justice Antony Obwayo.
“In each case, the Judge has since issued injunction orders sought by EACC prohibiting the Defendants from dealing with the land in any way except by way of surrender to the government,” the statement reads.
“Notably, this is not the first time EACC is recovering public land grabbed from Kenya Agricultural and Livestock Research Organisation, (KARLO),” notes the statement
“On April 4, 2022, EACC handed over to the 39 title deeds for parcels of land corruptly acquired from various public entities, including a parcel of land valued at approximately Sh2 billion belonging to (KALRO),” the statement continues.
Justice Obwayo of the Environment and Land Court sitting in Nakuru dismissed a preliminary objection filed by the Defendants, in effect allowing the EACC suit to proceed to a full hearing pertaining to block 5/291.
In the preliminary objection, the Defendants had argued that the suit was statutorily time-barred and the same ought to be struck out for being filed out of time pursuant to the Limitation of Action Act.
However, the Court upon hearing the preliminary objection and the EACC submissions dismissed the preliminary objection and ruled that recovery of public land was not time-barred under the law.
Pertaining to block 5/289, the Commission has filed subject suits against Pineapples Edge Limited, Trojan Nominees Limited, Wilson Gachanja and Chief Land Registrar
They are seeking orders that the allocation and transfer of the parcels of land particularly described as Naivasha Municipality block 5/289 and Naivasha Municipality Block 5/291 to the 1st and 2nd Defendants is illegal, null and void ab initio and incapable of conferring any estate, interest or right.
An order that the registration of the 1st and 2nd Defendants as the owners of the Land Parcel Numbers Naivasha Municipality Block 5/289 and Naivasha Municipality block 5/291 and all entries subsequent thereto be and is hereby cancelled.
A permanent injunction was issued against the Defendants, restraining them, their agents, servants, employees and/or assigns from trespassing upon, transferring, leasing, wasting and/or dealing in any manner whatsoever with the suit properties particularly described as Naivasha municipality block 5/289 and Naivasha municipality block 5/291, other than by way of surrender.
