EACC seeks to recover Sh200m Loresho land sold in 1995

Ethics and Anti-Corruption Commission has moved to court to recover parcels of land worth more than Sh200 million in Nairobi’s Loresho area, which was sub-divided and sold to individuals more than a decade ago.

In a case to be heard later this month, EACC says the property is a public land set aside for the development of water reticulation works specifically the construction and expansion of a water reservoir to serve residents of Loresho, Gigiri, Spring Valley, Nyari and Kyuna.

“Sometime in 1995 and in total disregard of the pre-existing public user, the 12th Defendant (Wilson Gachanja) requested the Director of Physical Planning to prepare a Part Development Plan for residential plots on the suit property,” the Commission said in the petition.

According to EACC, the land measuring about 5 acres was surrendered for public use in January 1976. It has been serving as a water storage and distribution point of water from Sasumua Dam for residents since then but part of it was sub-divided and allocated to individuals and companies by former commissioner of lands Wilson Gachanja.

The allotment letters were issued in September 1995 to Mitema Holdings Ltd, Maywood Ltd and Nova Construction Ltd.

The land was listed in the Commission of Inquiry into the irregular allocation of public land Report (commonly known as the “Ndungu Report”) which recommended the titles be revoked and new title be issued to the Nairobi City Water and Sewerage Company.

“It is therefore the Plaintiff’s case that the suit property had already been reserved for use as a water reservoir (public utility) and was not available for allocation and transfer to private persons,” EACC says in the petition.