The Ethics and Anti-Corruption Agency (EACC) is seeking to repossess a government property worth Sh500 million along Valley Road in Nairobi.
In an urgent appliction, the agency argues the former city commission of Nairobi Habib Omar Kongo and former director of planning and architecture in the defunct City Council of Nairobi Kuria Gathoni fraudulently transferred the land opposite Department of Defense, along Valley Road, Nairobi to his wife Rose Wambui.
In a case filed before the Environment and Land court, the agency says Kongo and Kuria illegally facilitated the latter’s wife to change ownership of land sandwiched between Silver Springs Hotel and AEA Plaza from the defunct city council to her name.
“The third defendant (Wambui) discreetly solicited for transfer and registration of the subject property while knowing it to be land set aside for public utility through a grant to the City Council of Nairobi with no evidence of payment. The third defendant knowingly and dishonestly acquired the subject property to the detriment of the public for which use it was reserved,” read part of the application.
EACC filed an urgent application seeking to bar Kuria from transferring the property to a third party, pending the determination of the case.
According to EACC, the property has been charged to Consolidated Bank to obtain several loans and Kuria has turned the 2.06 acre parcel to a motor vehicle bazaar, where she continues to benefit from proceeds of public land, which she illegally acquired.
EACC wants the cancellation of the title issued to Kuria and the court to compelled to surrender profits she has made from the land since 1992 and damages for alleged fraud.
The commission is also seeking damages for the alleged fraud.
The contested land was transferred on July 30, 1992, in favor of Wambui for a period of 99 years.
The case will be mentioned on October 12.