The Ethics and Anti-Corruption Commission (EACC) has today recovered public land worth Sh430 million from a former land commissioner.
Lady Justice Komingoi of the Environment and Land Court delivered the decision on the recovered land, parcel number L.R. No. 209/6337 I.R. No. 85631, measuring approximately 0.8979 Ha that was set aside as an interchange for Mombasa Road and the Eastern Bypass (at Cabanas).
The Court declared that the transfer of the grant to Redwood properties limited on or about March 30, 2001 by Sammy Silas Komen Mwaita was made fraudulently, illegally and did not vest any lawful title.
“A permanent injunction restraining Redwood Properties its servants or agents from alienating transferring charges or in any other manner dealing with the suit property,” the judge ordered.
The Court further ruled that the grant given to WAK Limited on or about February 28, 2001 was fraudulent and illegal, and hence null and invalid.
“An order rectifying by cancelling the entries made in the grant and transfer in favour of WAK Limited and Redwood Properties on 28/2/2001 and 30/3/2001 respectively and restoring the suit property to its reserved /planned and approved user,” the judge ordered.
The litigation was as a result of EACC investigations that determined the land belonged to the government hence not available for alienation to the WAK limited and subsequent transfer to Redwood properties limited.
According to EACC, the two continued the fraudulent and unlawful acquisition in collaboration with Mwaita and S.K.W. Wangila (deceased).
In addition, investigations established that WAK Limited was non-existent at the time of allocation and had not been incorporated as a legal entity according to the evidence by Registrar of Companies thus lending credence to conspiracy and collusion between Redwood Properties, Mwaita and Wangila.
On September 15, 2008, the Commission moved to court for interlocutory orders aimed at preserving the suit property from further interference to await the hearing and determination of the recovery suit.