The Environment and Land Court has ordered the revocation of a title deed for land within Karura Forest, ruling that the property was illegally alienated from public ownership.
The court found that the 7.11-hectare parcel registered was part of protected forest and institutional land and should revert to the government.
"A declaration is hereby made that the alienation to the 1st and 2nd defendants (Gigiri Court Limited and Joseph Kamotho) of the land comprised in Nairobi Block 91/130/333 and 386 was irregular, fraudulent, and illegal and consequently null and void," Justice David Mwangi ruled.
The court further ordered that the land be restored to the State and placed under the care of the Kenya Forest Service (KFS) and the National Land Commission (NLC) for environmental rehabilitation.
The orders also included a permanent injunction restraining any individual or entity from developing or occupying the contested parcel.
The case, filed by the then Kenya Anti-Corruption Commission (KACC), the predecessor to the Ethics and Anti-Corruption Commission (EACC), in 2007, sought to reclaim the land after investigations revealed that it had been unlawfully excised from forest reserve land and allocated to private individuals in the 1990s.
The EACC argued that the allocation contravened the Constitution, the Government Lands Act, and environmental laws protecting public forests.
In its pleadings, the anti-graft body maintained that the land had been earmarked for the expansion of the Kenya Technical Trainers College (KTTC) and was under the control of the Forest Department before its irregular alienation.
The commission insisted that the process lacked ministerial approval, parliamentary ratification, and the mandatory gazettement required to degazette forest land.
The defendants, including Gigiri Court Limited, Joseph Kamotho, and former Commissioners of Lands Wilson Gachanja and James Raymond Njenga, argued that the allocation followed due process and that the land in question was not part of Karura Forest at the time of issuance.
"The 1st Defendant further argued that it acquired the property lawfully, in good faith, and for valuable consideration amounting to Sh16,000,000. It was submitted that prior to the purchase, the Defendant conducted due diligence at the Lands Registry and at the Survey of Kenya, confirming that the title was valid and free from encumbrances," court documents state.
They further claimed that subsequent development and investment on the property amounted to legitimate ownership rights protected by law.
However, the court dismissed these arguments, holding that the allocation was an abuse of authority and a violation of the public trust doctrine.
Justice Mwangi emphasised that forest land is public property held in trust for the people of Kenya and cannot be converted to private ownership without compliance with the law.
The judgment also directed that an environmental restoration plan be developed to return the parcel to its original forest state.
