Petroleum and Mining Chief Administrative Secretary (CAS) John Mosonik and the National land Commission (NLC) chairman Muhammad Swazuri are on the radar of investigators after in emerged they sanctioned Sh2.2billion payment to embattled claimant of Ruaraka land, Afrison Export and Import Limited owner Francis Mburu.
Mosonik then served as the Transport and Infrastructure when they hurriedly processed reparations for the 9.039 acres of land along Outering Road. Insiders have questioned the valuation of the land in question, which Swazuri’s office quoted to vary in the range of sh190million to sh250million per care.
The controversial payout claim follows the compensation extended to Mburu for the acquisition of 6.67 acres which was duly paid for the expansion of the Outering Road. According to Mburu’s complaint to the National Land Commission (NLC), he avers that the initial acquisition rendered the 9 acres uneconomical for use and thus wants the Kenya Urban Roads Authority (Kura) to acquire the whole parcel.
Investigations have revealed and described Mosonik and Swazuri as having been instrumental in approving the payment. Through separate correspondences in our possession from Swazuri to Kura and Mosonik, Swazuri upheld the claim by Mburu to have him paid Sh2, 182,918,500. “There are other two existing tarmac roads of 18meters and 25 meters respectively on L.R No.7879/4 as developed by Kura. The total measurement is 1.407 acres and 1.964 acres.
The cumulative acreage being claimed from Kura is 0.039 acres. We note that Kura has not contested the existence of these roads they developed on this parcel of land.” Swazuri told Mosonik through a letter dated September 28, 2016.
Swazuri adds that the acquisition of 6.67 acres for the Outering Road left an island belt between the road and the row of developments measuring between 10 meters to 15 meters that adds up to 5.668 acres. In January 2016, Engineer S. M Kinoti attached to Kura wrote to Swazuri confirming necessity for joint survey to ascertain the affected area for acquisition of the property L.R NO.7879/4 vied a letter reference number REF: KURA/SUR/14/3(55) dated January 4, 2016.
“We observe that this row of developments are rendering the strip uneconomical for use other than infrastructure development as initiated by Kura.” Swazuri said. Five months later, the government paid out Sh600 million Mburu for the land that the General Service Unit occupies in Ruaraka. Mburu successfully won a court case against the government saying his land was forcibly taken from him. He initially demanded Sh12.2 billion compensation but the High Court awarded him Sh4 billion in February 2012.
Mburu sued the government in 2011 over the illegal takeover of his 37.4 acres owned by his two firms, Afrison Export and Import Ltd and Huelands Limited. Last week, anti-graft detectives raided Mburu’s homes in Karen and Riverside and later grilled for over 14 hours at integrity Center in connection to the controversial Sh1.5billion payment sanctioned by the National land Commission and the Education Ministry.