Gacanja, Njenga found liable for aiding ex-Minister Kamotho in Karura land grab
Former National Land Commissioners Wilson Gacanja and James Raymond Njenga have been found liable for illegally aiding the grabbing of 7.11 hectares of land part of the Karura forest.
In a land mark ruling by the environment and lands court, the Ethics and Anti-Corruption Commission (EACC) recovered the 7.11 hectares of prime land in the Gigiri area which had been initially reserved for the Kenya Technical Teachers College (KTTC).
The prime land which had been acquired former Cabinet John Joseph Kamotho before he registered it to his company was part of the larger Karura forest that had been grabbed and had not been degazetted making it not available for either the late MP or the current alledged owners who bought from him.
The suit which was filed eighteen years ago is a landmark win by the anti-graft authority which succeeded its predecessor Kenya Anti-Corruption Commission (KACC).
During the almost two decade hearing, the court told that the Nairobi Block 91/130 (approx. 0.566 ha) was reserved for KTTC while an additional 2.50ha was illegally hived from Karura Forest and allocated to the late JJ Kamotho.
The investigations by the anti-corruption commission also revealed that the said Nairobi Block 91/130 and the additional portion measuring 2.50ha were amalgamated to form Nairobi Block 91/333.
Investigations revealed that the late minister registered the block to his company, Gigiri Court Limited before later selling Gigiri Court Limited together with the said property Nairobi Block for Sh6Million to businessmen, Mandip Singh Amrit and Manjit Singh Amrit.
Subsequently, Gigiri Court Limited undertook a private survey of the property and an additional 3.8 ha was illegally hived off Karura Forest.
Ultimately, Nairobi Block 91/333 and the additional portion measuring 3.8ha were amalgamated to create Nairobi/Block 91/386 and a Lease illegally issued by former lands commissioner Wilson Gacanja on September 6, 1995 to Gigiri Court Limited for residential use.
Despite the suit property being public property, portions were unlawfully hived off and allocated to private persons through a series of illegal transactions between 1987 and 1995.
During the case, EACC sought the court to declare the creation of Nairobi Block 91/130 and the creation of 91/333 and 91/386 irregular, fraudulent, illegal, and therefore null and void as they called on the court to cancel the Certificate of Lease issued to the late Kamotho’s company.
The authority also wanted the court order the land register to cancel the certificate of Lease, and all related entries with a permanent injunction restraining Gigiri Court Limited and its agents from dealing with the land in any manner other than by surrender to the government.
In his ruling, Justice David Mwangi declared that the Certificate of Lease issued to Gigiri Court Limited was null and void and could not confer a valid title to private persons.
The Court held that the land was alienated Government Land, and its allocation to Kamotho was contrary to the Forest Act and the Government Lands Act. It further affirmed that the land was reserved for KTTC and Karura Forest.
The Court reaffirmed that the principle of first registration does not protect unlawfully acquired property, as provided under Article 40(6) of the Constitution.
