The Ethics and Anti-Corruption Commission (EACC) has won a
major legal battle to recover public land that had been illegally excised from
Nairobi’s Karura Forest and the Kenya Technical Teachers College (KTTC).
In a judgment delivered by the Environment and Land Court in
Nairobi, the court ruled that the parcels of land, including Nairobi Block
91/130, 91/333, and 91/386, were unlawfully allocated to private individuals
and companies.
The court declared the allocations null and void and ordered
that the land revert to the government.
“A declaration is hereby made that the alienation to the 1st
and 2nd defendants 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 said in the judgment.
“Further, the certificate of lease issued to and held by the 1st Defendant in respect of Nairobi Block 91/386 was unlawfully and fraudulently obtained and is therefore null and void ab initio.”
The first defendant is Gigiri Court Limited, and the second is John Kamotho.
According to the judgment, investigations by the Kenya
Anti-Corruption Commission, now EACC, revealed that the disputed 7.11-hectare
parcel had been carved out of Karura Forest, a gazetted public forest, and land
reserved for KTTC.
The allocations, made
in the late 1980s and early 1990s, violated the Government Lands Act and the
Forests Act, which prohibit the alienation of forest and public institutional
land without proper legal processes such as degazettement.
The court found that there was no evidence of any legal
notice degazetting the portion of forest land or authorising its allocation.
It ruled that the
Commissioners of Lands, and defendants Wilson Gachanja andJames Raymond Njenga,
acted ultra vires — beyond their legal authority — when they approved the
excision and allocation.
EACC demonstrated that the parcels were consolidated through
questionable surveys and paperwork to create a new title, Nairobi Block 91/386,
which was later transferred to Gigiri Court Limited, a company associated with John
Kamotho.
The firm later sold the land to a private developer, who
claimed to be a bona fide purchaser for value.
However, the court rejected that defence, holding that a
title obtained from an illegal process cannot be protected, even if acquired in
good faith.
The judge emphasised that public land, once reserved for
environmental or educational purposes, cannot be converted to private ownership
without following due process.
The ruling is a significant milestone in the ongoing efforts
by EACC to safeguard public land and natural resources.
It reinforces earlier findings by the Ndung’u Land
Commission, which had listed parts of
Karura Forest as among areas illegally grabbed by politically connected
individuals.
Following the decision, the court directed that the certificates of lease issued to Gigiri Court Limited be cancelled, the land register rectified, and the land restored to the public.
EACC welcomed the verdict, describing it as a victory for
environmental justice and public accountability.
The commission noted that the recovery underscores Kenya’s
constitutional commitment to protect public land and hold accountable those who
misuse positions of power for personal gain.
The restored land, part of the green belt north of Nairobi, will remain under the protection of the Kenya Forest Service and the Ministry of Environment.
