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The Ethics and Anti-Corruption Commission (EACC) has recovered a Ksh45 million piece of public land in Karen, Nairobi which had been illegally grabbed and allocated to private individuals.
In a statement on Monday, EACC said the property, which was originally surrendered to the government in 1994 for public use, was unlawfully transferred.
“The Ethics and Anti-Corruption Commission (EACC) has recovered a prime parcel of land along Mukoma Road in Karen within Nairobi, valued at approximately KES. 45 Million, grabbed by private individuals.
“The recovered property known as L.R. 2270/71 measuring 0.029 hectares, was surrendered to the Government of Kenya in 1994 for the purpose of public utilities and the construction of a public access road. However, two years later, the property was unlawfully allocated to private individuals,” the statement read in part.
In her ruling, Lady Justice Lucy Mbugua of the Environment and Land Court declared that the land was “public land” and that the transfer to private individuals was “illegal, unlawful, fraudulent and corrupt and therefore void”.
The court directed that the title deed for the land be canceled and that it be re-registered in the name of the Nairobi City County Government as a public utility plot.
“In a judgment delivered by Hon. Lady Justice Lucy Mbugua, the Court found that the property is public land and that the purported transfer to private persons was illegal, unlawful, fraudulent and corrupt hence a nullity,” EACC stated.
Further Justice Mnugua issued orders to prevent further illegal activity on the land, and granted a permanent injunction against the defendants, restraining them from “entering, trespassing, remaining, using, damaging, wasting, charging, mortgaging, leasing, transferring, disposing of and/or in any way dealing with or interfering with public land”.
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