• Developer leased land wrongfully for private use, registered without Railways knowledge and consent
• Defunct KACC filed against developers in 2009 and lined up witnesses including surveyors
A judge has given back a parcel in Kisumu valued at Sh35 million to Kenya Railways, cancelling earlier allocation to a private developer.
Environment judge S M Kibunja ruled in favour of the Ethics and Anti Corruption Commission which had moved to court challenging the allocation of the land to Peter Oyoo.
The court found the issuance of the lease to Oyoo was null. The case was filed in 2009 by the defunct KACC (Kenya Anti-Corruption Commission).
The commission had sued Oyoo and Sammy Komen Mwaita.
In its suit papers, the commission wanted issuance of the lease by Mwaita to Oyoo to be nullified.
The land measuring 0.0345 hectares was part of a larger parcel initially vested in general manager of the defunct East African Railways and Harbours Administration.
However, following the dissolution of the East African Community in 1977, the land together with all other assets were vested in Kenya Railways.
And in 2000, Oyoo wrongfully procured Mwaita a lease for the property for private purpose use. The lease was registered on August 11, 2000, without consent and knowledge of Kenya Railways.
On August 12, 2009, Mwaita filed defence disputing the issuance of the lease as claimed by the commission. In his unsigned defence, he stated that the leasehold was granted by virtue of executive powers of the President.
He said, as a result, the suit by the commission was bad in law and ought to be dismissed. And on April 5, 2017, the matter was heard and the Kenya Railways lined up their witnesses among them surveyors.
Mwaita did not call any witnesses whereas Oyoo did not even bother to file any response to the suit.
Edited by R.Wamochie