• The court directed the lands registrar to cancel the title deed issued to Lekyo Tours Company and revert the Sh56 million property to the government.
• The land was alienated in 1975 for the construction of staff houses for the defunct Directorate of Civil Aviation and Meteorological Department.
Influential individuals with illegally acquired land at the Coast are a worried lot after the High Court last month revoked the title deed of former Land Commission boss Sammy Silas Komen Mwaita.
There are 16 stalled land cases in which powerful businessmen, politicians and Mwaita are involved. Most of the cases (and there could be more) were filed in 2009 by the Kenya Anti-Corruption Commission, which became Ethics and Anti-Corruption Commission.
Justice Silas Munyao directed the lands registrar to cancel the title deed issued to Mwaita's Lekyo Tours Company and revert the Sh56 million property in Nyali/Bamburi to the government.
The land was alienated in 1975 for the construction of staff houses for the defunct Directorate of Civil Aviation and Meteorological Department. The construction was to start in 1978-79.
The EACC stated in the case it had filed in 2014 that Mwaita had on March 20, 1998, issued his company with an allotment letter that was used to prepare a deed on July 5, 2000.
His lawyer, Francis Kadima, has applied to withdraw from all the suits against the former Commissioner of Lands because he has not been furnished with any further instructions.
He told the Star: “I filed defence on behalf of my clients majorly raising preliminary objections on the points of law on July 10, 2009, but there has been a delay in disposal of the cases.”
Kadima said that in a civil case, the law is clear that if a matter is not heard for more than 12 months, the court has powers suo moto (without formal prompting from another party), to dismiss the case(s).
In the suits, the general prayers were that a declaration is made that the allocations were fraudulent, hence the certificates of lease and transfers issued to third parties were irregular, illegal, null and void.
KACC lawyer Oscar Angote – now a judge – had sought an order for cancellation of the certificates of leases and entries made in favour of third parties.
He had also sought a permanent injunction restraining them from dealing with the suit properties and general damages for fraud and breach of fiduciary duty by Mwaita.
Mwaita is a former long-serving civil servant. He won the Baringo Central parliamentary seat in 2007.
He had asked the court to put the anti-graft body to strict proof, saying he executed his duties within his statutory powers and as such, the suits were incompetent and fatally defective.
EACC Coast manager Mutembei Nyaga told the Star that in 2010, the civil procedure rules were changed and in place and that new threshold for matters filed in court was introduced.
“The threshold was higher. It meant with the change of law, most matters had to be investigated and filed afresh to meet the threshold. And once filed, there was the general court backlog,” Mutembei said.
He said the cases had to be redone and this caused delay. The EACC has since been working to ensure that all documents are as per the law.
“Because the files you have presented are many, I will get back to you after we check on the status of individual files,” he said.
On whether there were other proceedings pertaining to the same matters apart from the 16 cases, Kadima said: “I am yet to be served any orders of stay or otherwise from the court.
"I can’t move court – it was up to the plaintiff to move to court and set a hearing date for disposal of the matters. The 11 years delay is inexcusable.”
ABOUT THE CASES:
The 16 cases were filed in court on June 9, 2009. They are:
- KACC vs Beth Nduta Ndungu
Abdalla Farid Fadhil
Fahim Yasin Twaha
Twaha Mburak Ali
Shamim Mburak Ali
Sammy Komen Mwaita
2. KACC vs Zakayo Kipkeio Cheruiyot
Omar Tahir Sheikh Said
Sammy Komen Mwaita
3. KACC vs Luka Kimutai Chepto
Sally Jepkoech Cheptoo
Toror Estates Limited
Sammy Komen Mwaita
4. KACC vs Kipeno Investment Limited
DO IT Quality Management Limited
Sammy Komen Mwaita
5. KACC vs Dalice Investment Limited
Daniel Kipagat Kirui
Allan Kiprono Kirui
Alice Jepkemboi
Peter Kiprop Kirui
Sammy Komen Mwaita
6. KACC vs Aerial Developers Limited
Enock Tuitoek
Sammy Komen Mwaita
7. KACC vs Paul Lobo
Bernard Atati
Sammy Komen Mwaita
8. KACC vs Cleophus Walubengo Misiko
Sammy Komen Mwaita
9. KACC vs Romli Agencies Limited
Michael Chewikaw
Chepkeres Chebon
Sammy Komen Mwaita
10. KACC vs Ezekiel Komen
Sammy Komen Mwaita
11. KACC vs Simon Peter Odhiambo Ondie
Sammy Komen Mwaita
12. KACC vs Lydia Bosibori Ayega
Sammy Komen Mwaita
13. KACC vs Wince Investment Limited
Sammy Komen Mwaita
14. KACC vs Ismail Kipkemboi
Laile Investments Limited
Stephen Kipkenda Kiplagat
Sammy Komen Mwaita
15. KACC vs David Gikonyo Ndungu
Sammy Komen Mwaita
16. KACC vs Bernsoft Limited
Equitronics Limited
Sammy Komen Mwaita