The Auditor General has called out Kenya Civil Aviation Authority (KCAA) for delaying to recover Deputy President William Ruto’s Weston Hotel land.
In an audit report tabled in Parliament, Nancy Gathungu questioned delays by KCAA despite a recommendation by the National Assembly.
According to the auditor, there was no evidence of action taken on the matters by KCAA management as at June 30, 2020.
“In the circumstances, the accuracy, completeness, ownership, and validity of the property balance of Sh18 billion reflected in the statement of financial position could not be confirmed,” Gathungu said.
The Public Investments Committee (PIC) had recommended that the National Land Commission investigates circumstances under which the plot was transferred to private developers.
The House committee, then chaired by Eldas MP Adan Keynan, sought the restitution of the land in favour of KCAA.
Weston Hotel purchased the property in 2007 from Priority Limited/Monene Investment Limited – the latter having been issued with the grant in 2002.
The ownership of the land, occupied by the hotel is presently at the centre of a court battle.
Weston Hotel moved to Court of Appeal after it was dissatisfied by a ruling issued in March last year by Justice Benard Eboso, allowing the petition by KCAA to proceed for hearing.
The hotel management, Priority Ltd and Monene Investment, wanted the suit by KCAA dismissed arguing that the authority erred by filing a fresh suit instead of filing an appeal against a decision by the National Land Commission, dated January 2019.
In the decision, NLC directed Weston to compensate KCAA for the land at the current rates. But on March 2, Justice Eboso dismissed the objection by Weston and stated that Environment and Land Court had jurisdiction to hear the case and that the NLC decision was not binding.
Through senior counsel Ahmednasir Abdullahi, Weston faulted the judge saying he failed to address pertinent questions, such as jurisdiction and instead digressed and made a finding on a matter that was not argued before him.
Weston further said the judge failed to determine the issues brought before him by the parties and instead framed for his own issues and gave his interpretation.
“In the process the learned judge determined issues that he did not invite the appellant and the other parties to address him on before his determination. The determination by the learned judge of the issues that were not before him caused grave constitutional breach on the appellant’s right to fair hearing and trial,” the appeal reads.
The hotel management said the judge unilaterally picked on and determined a question that was not before him and made a finding that the decision by NLC was not binding and the appeal process was optional and not mandatory.
In the ruling rendered, Justice Eboso noted that NLC itself acknowledged that it lost its mandate to revoke titles under section 14 of the NLC Act and that it can only give recommendations and advisories for alternative dispute resolutions (mediation) or to courts for arbitration.
Gathungu has in the same vein sounded the alarm that the aviation authority is at the brink of losing swathes of its land and an array of property to grabbers for lack of ownership documents.
This is amid findings that 31 housing units in Nyali, Mombasa and 13 others at Bamburi as well as Miritini lack ownership documents.
Also undocumented is an 87-acre parcel of land at East Africa School of Aviation, Nairobi and another 132 acres at Central Transmitting Station along Mombasa Road.
“Ownership documents for a property at Wajir, plot at Bwagamoyo in Kilifi, a plot at Lokichogio, Generator Room at Lodwar in Turkana and plots at Embakasi village were not provided for audit review,” Gathungu said.
She further raised concerns that there was no clear indication of when the preparation of the ownership documents would be completed at the Ministry of Lands and Physical Planning.
“The preparation of the documents was said to be underway at the MOPLS with no indication as to when the process is likely to be completed,” Gathungu said.
She further cited property allocated to third parties, querying why the authority has not taken heed of the recommendations of the Public Investments Committee against the move.
The parcels of land belonging to the authority have been allocated and registered in the name of third parties.
They include a 13-acre parcel at Mtito-Andei-Ngai Ndeithya Settlement Scheme, an unknown size at Bamburi Staff Housing, 0.77 hectares at Central Stores in Nairobi, and 37 acres at East African School of Aviation.