The National Land Commission says two city public schools do not possess the prime land they occupy in Ruaraka. It further has justified awarding a private firm Sh3.3 billion as compensation.
Commission vice chairperson Abigael Mbagaya told Parliament yesterday Ruaraka High School and Drive Inn Primary School do not have valid documents to show ownership of the land at the centre of the dispute.
Mbagaya told the National Assembly Lands committee the allotment letter possessed by the learning institutions was irregularly issued by the Commissioner of Lands.
“It was an illegality for the Commissioner of Lands to issue an allotment letter to freehold land. The letter is illegal since it was issued on private land,” she said.
Committee chairperson Rachael Nyamai told the commission to explain why it failed to inform the management of the two schools on the illegality of the letter.
“Are you aware that the schools’ management relied on the allotment letter to set up various development projects over the years without any complainant claiming the ownership of the parcel of land?” Nyamai asked.
matiang’i blamed
Mbagaya said the allotment letter was cancelled, leaving the schools with no document to justify their possession of the 13.7 acres next the General Service Unit headquarters, De La Rue Company and Kenya School of Monetary Studies.
“We did not inform the schools that their allotment letter was cancelled. We have documents showing cancellation of the letter and we will produce it later,” Mbagaya said.
NLC chairman Muhammad Swazuri said the Ministry of Education will only receive a title deed for the piece of land once the full payment of Sh3,269,040,600 is cleared.
“Once the full payment of Sh3,269,040,600 is done, the owner of the title deed will release the title to the Ministry of Education through Treasury. We paid Sh1.5 billion only as part of the payment,” he said.
Swazuri shifted blame to former Education Cabinet Secretary Fred Matiang’i for failing to notify Ruaraka High School principal Agnes Chege and her primary section counterpart Benjamin Oloo of the survey conducted on the land.
The two schools are flexing muscles with Whispering Palms Estate Limited, which has already pocketed Sh1.5 billion as part of Sh3.3 billion compensation.
Ruaraka High School board of management chairperson Nafula Kuria said the school acquired an allotment letter in 1999 after paying Sh3,066 to the Lands commissioner. They are still waiting for a title deed.
The Lands committee, which toured the two schools, heard that the government set aside the land as a public utility in 1966.
John Njogu, who served as board of management chairman of Ruaraka High School for 18 years, said the institution’s 7.5 acres were acquired in 1981 through the initiative of former Nairobi Mayor Andrew Ngumba.
“For all those years, I’ve never seen anybody or institution claim ownership,” he said.
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