The anti-graft agency successfully petitioned the Environment and Lands court to quash at least 40 titles to the land belonging to the Rift Valley Development Trust.
The charitable public trust which was formed in 1973 owns the expansive farm in Njoro where the Rift Valley Institute of Science and Technology (RVIST) stands.
The Ethics and Anti- Corruption Commission has won a case to recover part of a public trust land in Nakuru that was illegally sold to private individuals.
The anti-graft agency successfully petitioned the Environment and Lands court to quash at least 40 titles to the land belonging to the Rift Valley Development Trust.
The charitable public trust which was formed in 1973 owns the expansive farm in Njoro where the Rift Valley Institute of Science and Technology (RVIST) stands.
Justice Sila Munyao in his ruling delivered on Tuesday noted that the sale of the land to individuals was unlawful as it was not authorised by all the trustees.
According to the judge, former RVIST principal Francis Zaasita Menjo who sold the land had no authority to execute the transfer on behalf of the trustees.
The trustees approved the sale of 70 acres to Egerton University in 1997.
But Mr Menjo transferred 25 more acres to RVIST’s finance officer Ms Betsy Chelangat Irongi who in turn sold it to another firm that subdivided it further and sold to 48 other individuals.
“The trustees did not sell the land to Betsy Irongi. There is also no evidence to show that the trust had authorised Mr Menjo to sign transfer documents on its behalf. The transaction was therefore not binding,” said Justice Munyao.
The EACC moved to court in 2007 seeking to have the titles that were in possession of individuals and companies quashed and the land reverted to the trust.
This followed investigations by the Justice Ringera led commission in 2003 which had revealed that Mr Menjo had fraudulently transferred part of the trust land to individuals and companies. Mr Menjo was later charged, tried and convicted on four criminal counts of abuse of office and making documents without authority in 2006.
Financial challenges
Court documents indicate that the trust had resolved to sell part of its assets to settle financial challenges the institute was undergoing.
The defendants— who were members of Soilo Plots Group—have however maintained their claim on the land saying that they legally acquired it and followed all the due process to acquire the titles.
They further sought orders declaring them legal owners through adverse possession.
The judge however noted that the trust deserves to hold the land and ordered for their eviction within 30 days.
Mr Menjo was ordered to foot the cost of the case.
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Note: The results are not exact but very close to the actual.
