VICTORY

Win for EACC as it recovers Sh70m stolen property in Nyali

The case was filed by the defunct Kenya Anti-Corruption Corruption (KACC) in 2009

In Summary
  • Two private companies and the then Commissioner of Lands had been sued.
  • The win by EACC comes in the wake of its sustained and enhanced effort to combat corruption in the country.
A file photo of EACC headquarters in Nairobi.
A file photo of EACC headquarters in Nairobi.
Image: FILE

The Ethics and Anti-Corruption Commission (EACC) has scored yet another victory in the Sh70 million stolen government house at Nyali in Mombasa.

In a judgment delivered by a Mombasa court, a former commissioner of Lands who facilitated the fraudulent transfer of the property to a private individual has also been slapped with Sh5 million in damages.

 

In the suit filed by the defunct Kenya Anti-Corruption Corruption (KACC) in 2009, two private companies and the then Commissioner of Lands had been sued.

The ruling by Justice Lucas Naikuni of the Employment and labor relations court declared that the land title parcel was “unlawfully issued to the two companies and therefore declared null and void from the beginning.”

Naikuni has further ordered the Registrar of lands in Mombasa to issue a certificate of title relating to the said parcel of land to Kenya Civil Aviation Authority/Government of Kenya.

Documents filed in court state that out of malice and knowledge of want of authority, the second defendant purported to excise and alienate a house reserved for the Kenya Civil Aviation Authority (KCAA).

“With malice and knowledge of want of authority, the second defendant purported to act in the name of the President of the Republic of Kenya,” it reads.

“With malice and knowledge of the illegality of his actions, the second defendant willfully failed to comply with and or ignored the provisions of the Government Lands Act, the government financial Regulations and Procedures and other provisions of the law.”

In addition, the three defendants were ordered to jointly pay Sh30 Million in general damages for denying the government use of the property for public benefit when the land was in illegal possession.

The win by EACC comes in the wake of its sustained and enhanced effort to combat corruption in the country.

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