The Departmental Committee on Lands received a complaint on 30th January 2018 through a letter dated 10th January 2018 signed by Harrison Muema who alleged that irregularities had been committed in the compensation of LR No. 7879/4 to M/S Afrison Export and Imports Ltd by the National Land Commission on behalf of the Ministry of Education, Science and Technology for acquisition of land for Drive Inn Primary School and Ruaraka High School in Nairobi.
The Committee found out that the process of acquiring the land occupied by the two schools was initiated by NLC upon receiving a complaint from the Afrison Import Export Ltd and Huelands Ltd on alleged historical injustices. Further, although the Ministry of Education did eventually write to the Commission requesting that it does secure the interests in the land occupied by the two schools, this was done at the behest of the Commission.
The Committee recommends that the Chairperson, National Land Commission, Commissioners and other officers of the Commission take personal responsibility for acting contrary to section 107(1), section 112, section 121 of the Lands Act, 2012, Articles 201(d) and 201(e) of the Constitution.
The Director of Criminal Investigations should also investigate the Chairperson, the Commissioners and other officers of the National Land Commission for the same.
The Committee also recommends that the Director of Criminal Investigations should investigate possible collusion among Afrison Import Export Ltd and Huelands, the National Land Commission, National Treasury and the Ministry of Education to fleece and swindle public funds.
Following conclusion of the said investigations by the Director of Criminal Investigations, the Director of Public Prosecutions should prosecute any public officer or person who may be implicated or suspected as having engaged in any corrupt and illegal activities in the compulsory acquisition of the land in question.
The National Treasury should take responsibility for loss of public funds amounting to Sh1,500,000,000 as part payment made by the National Land Commission to Afrison Import Export Ltd and Huelands for authorising payment of Sh1,500,000,000 to Afrison Import Export Ltd and Huelands without an express request from the Ministry of Education.
Finally, the National Land Commission should immediately secure the interests of the government on the land compulsorily acquired in portions of LR. No. 7879/4 by the formal taking of possession of the title documents of the said land in accordance with the provisions of section 121 of the Lands Act, 2012.
Excerpt from report of Departmental Committee on Lands tabled and adopted by the National Assmebly.
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