The Ethics and Anti-Corruption Commission (EACC) is seeking to recover 1.5 hectares of land worth Sh100 million that former Commissioner of Lands Sammy Mwaita irregularly allocated his brother.
The anti-graft body in court papers cites Mr Mwaita for abuse of office, conflict of interest and fraudulent acquisition of public property after transferring the property to his brother, Hillary Kipkorir, in 1998.
The Kenya National Highways Authority (KENHA) is building its regional headquarters on the Nakuru property whose ownership is under Mr Kipkorir.
“In 1998, the then Commissioner of lands Sammy Mwaita illegally and irregularly allocated the parcel of land to his brother Hillary Kipkorir using a forged Part Development Plan (PDP) Reference No. R7/98/188, which does not exist in the Directorate of Physical Planning records,” the EACC said.
“Even though the suit property is currently occupied by KENHA, the 1st defendant, Hillary Kipkorir, is in possession of the title documents,” the commission added.
The land, which was initially allocated to the Ministry of Works, is among several parcels within the area that were reserved for a Road Access Camp to house employees, a fuel station, and a government vehicles service bay among other facilities.
On Monday last week, High Court judge Anthony Ombwayo granted an order of injunction sought by the EACC, restraining the Mwaitas, their servants, employees and agents from dealing in the disputed parcel until the case is determined.
In the recovery suit, the EACC is seeking orders to declare the allocation and transfer of the land to Mr Kipkorir by his brother null and void, and the Chief Land Registrar compelled to cancel the certificate of lease issued in favour of Mr Kipkorir.
