Suspended National Housing MD loses bid to stop criminal charges

Suspended National Housing Corporation managing director Wachira Njuguna has lost his bid to stop criminal charges against him over alleged negligence at Mombasa’s Makande Estate, which is owned by the institution.

Justice Anyara Emukule has refused to quash the criminal charges Mr Njuguna is facing before the Mombasa Chief Magistrate’s court alongside regional manager Joash Anguko.

The estate is built on a 67-acre piece of land and is the subject of an ownership dispute between NHC and Mombasa County.

The two officials have been accused of failing to empty septic tanks, failing to repair manholes and inspection chambers and neglecting the land’s soakage load.

NHC subsequently filed a suit in the High Court accusing the county government of using the criminal proceedings to intimidate its officials.

Mr Njuguna and Mr Anguko claimed that the county government is trying to arm-twist them into interfering with a 2.6 acre portion of the land, contrary to two court orders issued in a separate case. The 2.6 acre portion has been divided into 17 plots.

“It would be perfect defence in the criminal suits to say that the works required to be carried out by NHC all relate to the seventeen (17) plots. In the premises, I find and hold that the prosecution of the NHC officers was not motivated by malice and is certainly not irrational,” the judge held.

Mombasa County issued NHC with notices in 2013 demanding that the State corporation empties all septic and sewerage pits on the land and unblocks all drainage systems.

But NHC argued that it cannot be held responsible for the land as its ownership of the land is still in dispute. But the judge held that NHC has been paying rates for the land hence is legally required to ensure it meets all sanitary requirements.

Mombasa County in its defence said NHC failed to act on notices it sent, prompting it to initiate the criminal proceedings.

Mr Njuguna was suspended from the NHC in July last year following a special audit by the Inspectorate of State Corporations.

The audit report accuses Mr Njuguna of initiating an Enterprise Resource Planning system that was irregularly awarded to a contractor and making payments amounting to Sh52.5 million, among other malpractices.