KACC seeks to reclaim city ‘public plot’

The Kenya Anti Corruption Commission (KACC) has moved to court seeking to recover a parcel of land along Kaunda Street in Nairobi, that it says was fraudulently allocated to private individuals.

The property, adjacent to Nyayo House, was hived off Kaunda Street in 1967 as a road reserve to link Uhuru Highway and the Central Business District (CBD).

The plot, now used as a parking zone, was allegedly allocated to a non-existent entity but the grant was subsequently issued in the name of Willesden Investments Ltd.

KACC claims the allocation was in breach of many statutes including the Government Lands Act, Local Government Act and the Physical Planning Act.

The anti-graft body says it has since established that the parcel of land is a public road that was illegally and fraudulently allocated to non- entities, says KACC investigator Yuvinalis Angima in a sworn affidavit.

KACC further argues in court documents that investigations have revealed that the property was specifically set aside for a road to link Uhuru Highway and the Central Business District and could not be interfered with.

Sued together with Willesden Investments are Mr Ben Muli, Mr Jatin Patel, Mr Hitesh Rathhood, Ms Martha Kimwele and former Lands Commissioner, Mr Wilson Gachanja. Mr Gachanja is accused of allocating the land to a private company known as Center Park Ltd.

Investigations by the anti-graft agency has also revealed that the firm is non-existent from records at the Registrar of Companies.

It is in the new grant that the plot has been registered in Willesden’s name.

“It is clear that the suit property was allocated to a phoney company,” says KACC.

The new firm allegedly wanted to establish a “multi-storey car park” but the said plan was, however, never approved by the director of City Physical Planning.

The anti-graft body is also seeking orders retraining Kenya Hotel Properties from paying Willesden Sh80 million awarded by the court  after Willesden successfully argued that Kenya Hotel had been using the property as its parking.

In 2000, Willesden filed a case in court accusing Kenya Hotel of trespass and was awarded damages.

KACC wants the money deposited in an interest-earning account until the case is heard and concluded.

The watchdog further wants the individuals barred from selling the plot pending the determination of the case.