Former Coast PC Peter Kiilu allocated Mombasa State House land

Former Coast Provincial Commissioner Peter Kiilu approved the excision of State House land in Mombasa for allocation to an individual.

The revelation is contained in an affidavit that a private developer has filed in court in his defence against a suit filed by anti-corruption watchdog EACC.

The Ethics and Anti-Corruption Commission (EACC) has charged the owners of Minalove Hotel with corruption, accusing them of illegally taking possession of State land.

Michael Muriithi, a director of Minalove, says in the affidavit that Mr Kiilu issued a letter of allotment to Edward Irungu the (initial buyer) in 1997 after he paid the standard premium, annual rent and other relevant charges amounting to Sh92,797.

Mr Irungu was then granted a 99- year lease commencing March 1, 1997 and which the Commissioner of Land later executed by order of the President and in the presence of the land registrar and the lessee.

A certificate (of lease) was issued on April 27, 1998.

Mr Muriithi says that Mr Irungu later transferred the property to him on July 1, 1998 at a price of Sh8 million and had it registered on the same day. A certificate of lease for the plot was then issued on July 18, 2013. The plot is separated from State House Mombasa by a brick wall.

EACC last month obtained a court order suspending any activities on the piece of land for a period of six months.

Justice Samuel Mukunya prohibited the developers, their agents and servants from transferring, disposing of, wasting, charging or dealing with the land situated in Kizingo for six months.

EACC was granted the order after it informed the court that investigations had established that the property, LR No: MI/XXVI/1010, had been grabbed.

The commission said it had been informed of suspected corrupt conduct by the respondents in the alienation of the land within the precincts of State House Mombasa, which is reserved for public utility as government housing.

But Mr Muriithi, who is constructing a residential building on the disputed parcel of land, wants the court to set aside or stay the preservation orders he terms as irregular, to enable him preserve and protect the property.

“The intended action of the applicant is in bad faith and is calculated to defeat the rights and interests of the second respondent as the bona fide owner of the property,” he says even as he refutes allegations that he acquired the property illegally.

The developer says that he borrowed Sh10 million from Equity Bank, which was advanced to him following the registration and drawing of a legal charge in respect of the property.

READ: Equity loaned hotel linked to State House land Sh10m

ALSO READ: Equity Bank entangled in State House land grab probe

It was then that he embarked on the construction of a residential house, which is on the verge of completion.

Mr Muriithi says that the construction had since been stopped by the Mombasa County government and accuses the EACC of acting without producing any evidence that he acquired the property illegally.

The developer reckons that being an innocent purchaser of the plot, the hardship vested on him is immense, especially from the bank which expects continued premiums on the loan advanced despite prohibition from dealing with the property.

Mr Muriithi further reveals in his affidavit that he has since been contacted by the National Land Commission (NLC) to explain how he acquired the land and that he has supplied the agency with copies of the relevant documents.

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He wants EACC to desist from pursuing the case or any other investigations, saying the agency has extended its mandate contrary to the provisions of the Constitution, making its findings irregular, misleading and fabricated.

EACC, he claimed, is using fictitious information that is geared towards harassing, embarrassing and irking him in a bid to infringe and breach his rights.

He has, however, undertaken not to transfer, lease, assign or sell the property and wants the court to allow him to complete the construction of his house as the prohibition is causing him irreparable losses.

Justice Mukunya directed that the application be heard on October 8, 2014.