• CS says former minister degazetted 132.64617 acres that formed the basis for private occupation of the land, which ended up serving unintended services.
• But Senators Githiomi and Sakaja protested the CS’s remarks saying the CS has no powers to determine the validity of title deeds.
Image: FILE
The government is going after powerful cartels that took part in grabbing and selling Ngong Road Forest land, Environment CS Keriako Tobiko has said.
The CS said on Wednesday investigations have already started and will net everyone who benefitted improperly from the forest land. He was addressing the Senate Lands and Environment committee chaired by Nyandarua Senator Githiomi Mwangi.
Already the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations have started probing how the forest land ended up in private hands, the CS said.
The probe will unearth all those who were involved, he said.
“All the public officials who participated in illegal allocation of public land should be investigated and prosecuted in accordance the Anti-Corruption and Economic Crimes Act and the Penal Code,” Tobiko said.
“All persons who - not being public officials - participated in or facilitated the illegal acquisition of public land (in whatever capacity, whether as professionals, original allottees, brokers or speculators), should be investigated and prosecuted in accordance with the applicable penal laws.”
The probe will extend to professionals who played a role in the illegal allocation. The CS indicated professional agencies will be involved in preferring disciplinary actions in case of any wrongdoing.
“All money and other proceeds unjustly acquired as a result of the illegal allocation and sale of public land should be recovered by the government in accordance with the law,” Tobiko said.
He was appearing before the committee to respond to a statement sought by Nairobi Senator Johnson Sakaja regarding the planned repossession of land and demolition of houses in Lang'ata constituency.
The CS said the Legal Notice No. 44 signed by former Environment minister Francis Lotodo, which degazetted 132.64617 acres and formed the basis for private occupation of the land, was illegal as it ended up serving a purpose that was not intended.
Lotodo, now deceased, had informed Parliament on April 28, 1998, that the degazettment of the forest land was for the purposes of building a school.
“What happened is quite to the contrary. The land was sub-divided and dished out to individuals and companies. It is unlawful as a minister to degazette part of a public forest and reward your wife or girlfriend. When you degazette it, it must be for public purposes,” the CS said.
“If for whatever reason it was no longer viable for a school it automatically should have been reverted to its original purpose. Subsequent allocations are illegal. I sympathise with the residents but the law is not about morality or sympathy.”
He reiterated that any documents including title deeds for the area are invalid and remain “a piece of paper that it is”.
At this point, senators disagreed with the CS, arguing the government should not run away from its mistakes.
The lawmakers said it is improper for the same government that issued the title deeds to turn around 22 years later and disown them.
Senators Mwangi and Sakaja protested against the CS’s remarks, saying he has no powers to determine the validity of title deeds.
“Validity of title deeds can only be determined by courts. Those are the CS’s personal opinion. The arrogance and heartlessness that I am seeing is not what we stand for and is not what the President stands for,” Sakaja said.
“I was in Parliament when the question was raised (1998) and we did not make a determination. I am not convinced that the titles are fake, I am also not convinced the acquisition was illegal,” Mwangi said.
Edited by R.Wamochie