The anti-graft agency on Monday won a major legal battle after the Environment court cancelled titles to some 53 acres in Nairobi’s industrial Area valued at Sh5 billion grabbed from the state.
Environment court judge Elijah Obaga cancelled the titles of the land allocated to five private companies saying it was done illegally.
The five companies are Vuran Industrial Credit Limited, Hilbrow Properties Limited, Pamba Properties Limited, Brentwood Traders Limited and Beacon Towers Limited all established between 1995 and 1997.
Obaga held that then Lands commissioner Wilson Gachanja alienated the land, which was not available for transfer as it belonged to the Kenya Meteorological Department.
“The land had become alienated the moment it was reserved for KMD. I, therefore, find that the suit property was alienated land which could not be allocated to any other person,” he ruled.
And the Lands commissioner in purporting to alienate what was not available exceeded his powers, said the judge. Obaga noted such power was only reserved for the President.
According to the Ethics and Anti-Corruption Commission, the development plan that was used to allocate the land to the five companies was only signed by the Commissioner of Lands contrary to procedure.
There was no presidential approval obtained prior to the alienation.
The suit was initially filed by the now-defunct Kenya Anti-Corruption Commission but was taken over by the Ethics and Anti-Corruption Commission.
Suit papers showed the five companies had two shareholders — Kantibhai Maganbhai Patel and Harish Ashabhai Patel.
The case was filed against the five companies after investigations revealed they were allocated land set aside for use by the Meteorological Department.
Beacon Towers was allocated 11.7 acres, Hilbrow Properties 9.9 acres, Brentwood 9 acres, Pamba got 7.3 acres, whereas Varun Industrial got 15.5 acres. In total the five companies 53.404 acres.
The five companies were expected to pay rent and stand premium and other fees in excess of Sh1 million each within 30 days but the payments was made over 30 days from the date they were expected to pay.
In its case, the agency said the land in question belonged to the Meteorological Department since the early 1960s and the government institution has been in occupation of the land throughout.
On the land are two blocks of houses that house eight Meteorological Department staffers and 14 high transmission masts.
The masts are used to transmit safety information to sea-going vessels and aircraft.
However, the station stopped operations about 20 years ago.
The court was informed of plans to convert it into an air monitoring system.
The companies contend that there is no development on the land in question as claimed by the agency.
Edited by EKibii
