Rubis Petroleum Station along Koinange Street in Nairobi County. Inset: the late Nicholas Biwott.
The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking compensation of Sh1.6 billion from Rubis Energy Kenya and other firms for illegally occupying a parcel of land belonging to Kenya Railways Corporation (KRC).
The anti-graft body says in the petition filed at the Environment and Land court that the land at the junction of Haile Selassie Avenue and Uhuru Highway was not available for allocation and it should revert to the government.
It has also named Lima Limited – a company associated with former Cabinet minister Nicholas Biwott – and LZ Engineering Construction Limited in the suit, saying Rubis Energy Kenya should vacate the land and compensate the government for illegal occupation of the land since 1980.
“The third defendant and its agents, servants or assigns be and is hereby ordered to vacate and deliver vacant possession of the suit properties L.R. No. 209/9640 and L.R. No. 209/1233 Nairobi failing which an eviction order to issue,” EACC stated in the petition.
Also sued are former Ardhi House officials John Michael Ohas, former director, physical planning, and James Raymond Njenga and Wilson Gachanja, former commissioners of land.
The EACC said the companies have used the land illegally for private gain since 1980.
It wants the court to compel the firms to pay Sh1.3 billion from the first portion, which has been in private hands from 1980 at Sh30 million per year and for the other portion, Sh280 million for using it from 1996 to date at a rate of Sh10 million per annum.
“Despite demand and notice having been served upon the third defendant, the defendants have failed and or neglected to make good KRC’s claim by surrendering the subject property to the government,” it stated.
The EACC wants the plots reverted to KRC and Kenya National Highways Authority.
Evidence presented by EACC stated that the land was originally reserved for Kenya Railways and was surrendered for public use in the 1960s, initially for the construction of the headquarters of the post office, but it was subsequently reserved for the construction of a flyover and cloverleaf to ease traffic congestion.
The EACC said the suit property was alienated government land and therefore, not available for allocation to private persons.
According to EACC, a Nairobi municipality plan No.4 dated June 30, 1945 shows the planning and delineation of land within the municipality, designating the area bound by Uhuru Highway (formerly Princess Elizabeth Way) and Landhies Road, as Kenya Railways land.
In 1960, the then-City Council of Nairobi proposed the development of a flyover and cloverleaf at the junction of the two roads, to ease traffic, necessitating KRC to cede the land.
The plan was abandoned and the land subsequently surrendered to the Post Office. However, in disregard of the existing alienation and public user, Mr Ohas and Mr Njenga allegedly facilitated the illegal alienation and allocation of the land to Lima Limited.
Evidence submitted by EACC shows that Mr Njenga, in a letter dated April 16, 1980, directed Mr Ohas to urgently prepare a plan creating two plots, which was allocated to Lima Limited on June 1, 1980 for a period of 99 years.
The land was transferred to LZ Engineering and a grant registered in its favour on November 29, 1984. It was later transferred to Rubis. One of the parcels measured 0.14 hectares and the other measured 0.2766 hectares.
Further, part of the land was also set aside for a road reserve and public toilet owned by the city council.
EACC said despite being aware that the land was a road reserve and containing a public toilet, the defendants applied for allocation of the land and its amalgamation.
The anti-graft body says Mr Ohas caused the preparation of a part development plan Ref. No. 42/10/94/4 for proposed commercial plots A and B.
