NAIROBI, Kenya, December 1 – Ex-Commissioner of Lands and former Baringo Central MP Sammy Mwaita Wednesday honoured summons by anti-graft agency in a probe into a Sh100 million land saga in Nakuru.
He appeared before the Ethics and Anti-Corruption Commission (EACC) at Integrity Centre for grilling.
The officials said they will take his statement.
A source at EACC confirmed that the investigation is on the criminal aspects of the ongoing case where EACC is seeking recovery of Sh100 million land in Nakuru that Mwaita illegally allocated to his brother Hillary Kipkorir Mwaita.
The Commission is investigating allegations of abuse of office, conflict of interest and fraudulent acquisition of public property arising from transactions he authorized during his tenure of office as a Commissioner of Lands.
One of the transactions entails allocation of public land to his brother located in Nakuru where the Kenya National Highways Authority (KENHA) is currently constructing its regional headquarters in Nakuru.
To recover and revert the land back to the government, the Commission has since sued the Mwaitas, together with the Chief Land Registrar and obtained injunction orders prohibiting any dealings on the land pending the hearing and determination of the matter.
On Monday, November 21, 2022, Justice Antony Ombwayo of the Nakuru Environment and Land Court issued an order of injunction sought by EACC restraining Hillary Kipkorir Mwaita, his servants, employees and/or agents or any other person from alienating, selling, advertising for sale, transferring, charging, further charging, developing, leasing, sub-dividing, wasting, entering and remaining upon, or in any other way dealing with the parcel of land described as LR. No. Nakuru Municipality Block 20/232 pending the hearing and determination of the application.
Contemporaneous with filing the recovery suit, EACC had filed an application for the temporary injunction orders under a Certificate of Urgency to preserve the property as hearing of the case continues. The Court certified the case urgent and issued the temporary orders sought by EACC restraining the defendant from interfering with the land in any way.
The application will be heard on 26th January 26, 2023.
On December 7, 2021, the Commission, through its South Rift Regional Office in Nakuru, received allegations that LR No. Nakuru Municipality Block 20/232, which is public property having been reserved by the government for purposes of a Road Access Camp which housed the public works employees, a fuel station, a government vehicles’ service bay among other facilities had been illegally and/or unlawfully alienated and allocated to the Hillary.
The property was initially allocated to the Ministry of Works, currently, the Ministry of Transport and Public Works under the custody KENHA.
The suit property is among several parcels within the area that was reserved by the government for roads department agencies for its regional offices.
KeNHA also has a laboratory built in the suit property, which laboratory is used to test the moisture of different types of soils and gravel that are to be used in road construction projects within Bomet, Baringo, Nakuru, Narok, Kericho, some parts of Elgeyo Marakwet and Laikipia specifically Nyahururu.
The suit property also has old government houses that were built in the 60’s and are currently being used by the workers who were supervising the construction of KeNHA offices and storage containers that are used to store emergency materials used to repair and/or construct bridges within the areas stated above.
According to EACC, even though the suit property is currently occupied by KeNHA, the 1st defendant, Hilary, is in possession of the title documents.
In 1998, the then Commissioner of lands Sammy Mwaita illegally and irregularly allocated the parcel of land to his brother using a forged Part Development Plan (PDP) Reference No. R7/98/188, which does not exist in the Directorate of Physical Planning records.
In the recovery suit, EACC is seeking various orders including a declaration that the allocation and transfer of the said parcel of land to Hillary Kipkorir Mwaita by his brother Sammy Mwaita was illegal, null and void, and incapable of conferring ownership rights and/or any other proprietary rights.
It wants an order directed to the Chief Land Registrar to rectify the Register by cancellation of the entries relating to the issuance of Certificate of lease in favour of Hillary Kipkorir Mwaita.
An order directed to the Chief Land Registrar to register the parcel of land particularly described as Nakuru Municipality Block 20/232 measuring 1.5147 Ha or thereabouts, in the name of KenHA is also being sought.
The commission wants a permanent injunction restraining Hillary by himself, his agents, servants, employees, assigns or any other person whatsoever from charging, transferring, leasing, wasting, entering, developing, sub-dividing, occupying and/or dealing in any manner dealing with the land.
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