The Ethics and Anti-Corruption Commission (EACC) have instituted a civil suit to recover the public property belonging to the Kenya School of Law.
EACC investigations established that the property measuring 0.96 Acres was reserved by the Government as the official residence of the Principal, Kenya School of Law.
Today Ebosso J sitting in the Environment & Land Division of the High Court concurred with EACC and entered judgment.
“A declaration that the letter of allotment dated 3rd November 1997 is null and void and the same is hereby cancelled. A declaration that the grant issued to Rockville Limited is null and void and is hereby cancelled.”
“A declaration that the transfer by Rockville Limited and subsequent charge to
Standard Assurance Kenya Limited is null and void and is hereby cancelled. An order is made cancelling and revoking the letter of allotment and grant issued to the 2nd Defendant.” read the judgement.
Justice Ebosso also gave an order of cancelling and revoking the documents issued to the 2nd and 3rd defendant in respect of land.
In addition, Chief Lands Registrar have been ordered to cancel the said entries and register the suit property in the name of the PS National Treasury.
A permanent injunction is issued restraining the Defendants, their servants and/or
agents from interfering with the land.
The Ethics and Anti-Corruption Commission (EACC) received a report alleging that Leonard Njagi, a former Principal at the Kenya School of Law (KSL), acted in concert with directors of Rockville Limited to fraudulently acquire public land and buildings located along Bishops Road, Nairobi.
The parcel of land was a subdivision which was allocated to the East African Common Services Authority (formerly East Africa High Commission) and Grant issued in 1962.
EACC also established that despite the property having already been allocated to East African Common Services Authority, a survey was conducted in 1997, letters of allotment issued illegally processed in favour of Rockville Limited.
The current open market value for the land is sh700 Million.
Further, the transfer of public land to private ownership by Rockville Limited was
irregular as requisite legal procedures for such alienation had not been followed.
The judgment was a clear signal to land grabbers that irregularly acquired public property will be recovered.
EACC has invited others in a similar position to voluntarily surrender land in their
possession that was set aside for public utility.
By Joy Kyalo