Senate asks court to untie its hands in Sh1.5bn Ruaraka land probe

What you need to know:

Justice Pauline Nyamweya in early May restrained the Senate from summoning Francis Mburu, Mark Mburu and Justin Mburu who are directors of the two companies.
The Senate says the suit is an attempt to block it from carrying out its function of oversight, noting that the law grants it power to summon anyone.

The Senate has asked the High Court to lift orders stopping it from summoning directors of two firms that received Sh1.5 billion from the State as compensation for land in Ruaraka, Nairobi.

The application filed by two companies, Afrison Import Export Ltd and Huelands Ltd, the Senate says, is improperly before the court, noting that no decision on the ongoing investigations has been reached by the Legislature.

Justice Pauline Nyamweya in early May restrained the Senate from summoning Francis Mburu, Mark Mburu and Justin Mburu who are directors of the two companies.

“That the orders granted in this case are contrary to Article 125 of the Constitution and threaten to bring the constitutional process by the Senate and its committees to a complete halt and undermine the Senate’s ability to discharge its constitutional mandates,” says Senate Clerk Jeremiah Nyegenye in an affidavit filed on July 24.

The Senate adds that the suit is an attempt to block it from carrying out its function of oversight, noting that the law grants it power to summon anyone.

READ: Businessman in Ruaraka land saga wants court protection

Mr Mburu claims ownership of the Ruaraka land had been determined earlier by the courts and the committee of 11th Parliament, arguing that some members of Senate committee had already shown bias going by their comments in media.

Separately, National Land Commission is seeking a determination from the High Court on whether its payment of Sh1.5 billion to Afrison Export and Import Limited was in line with the law.

Mr Mburu has also separately filed another case against Ethics and Anti-Corruption Commission (EACC) seeking court protection against his arrest and investigation.

EACC detectives last week raided Mr Mburu’s Kileleshwa home and seized computers and documents related to the land deal.

The Sh1.5 billion payment is part of the Sh3.2 billion that the government was to pay Mr Mburu for acquisition of 13 acres of land on which Drive Inn Primary School and Ruaraka High School sit.