EACC seeks to recover Pumwani land valued at Sh452m
The anti-corruption agency seeks to recover eight parcels of public land in Eastleigh, Nairobi, valued at Sh452 million.
The land allegedly owned by Kennedy Wainaina Ngenga, Leading Developers Limited and Jama Musa Hussein had been reserved for expansion of the Pumwani Maternity Hospital.
Documents filed in court by the Ethics and Anti-corruption Commission (EACC) indicate that the allocation to the private developers was reportedly done fraudulently and illegally by officials of the defunct Nairobi City Council.
EACC has also sued former Town Clerk Hezron Oluoch and his former deputy Nelson Waswa Otido. The eight parcels are situated along Munami Road, opposite Pumwani Maternity Hospital.
The commission has obtained orders barring the selling, charging, leasing, transferring, wasting, disposing or in any way dealing with the land.
EACC investigations established that the defunct council purchased the plots on February 28, 1967 from Pantaleao Assumpcao De Souza at Sh28,000 for purposes of expanding the hospital.
However, in 1995, the parcels were illegally allocated and in 2007, they were transferred to various allotees using Indentures of Conveyance prepared that were later registered between 2008 and 2010.
Mr Oluoch, Mr Waswa and then-mayor Dick Wathika (deceased) allegedly illegally and irregularly transferred four plots to Mr Ngenga.
He subsequently became the registered owner of the said parcels, while Leading Developers got one plot. Hussein owns three plots.
Through lawyer Jackie Kibogy, EACC says the government officials used their offices to improperly confer a benefit to Mr Ngenga.
She says the sale and transfer of the land was done without deliberations and resolutions of requisite council committee meetings and ratification and adoption by the full council contrary to the provisions of the Local Government Act.
It also happened without the approval of the minister or affording the public an opportunity to apply for allocation.
“No valuations were conducted to determine the stand premium and other requisite fees for the aforesaid parcels,” says Ms Kibogy.
EACC says having allegedly purchased the suit parcels from the council without following the requisite procedure for alienation, Mr Ngenga’s occupation and ownership is illegal.
The commission wants court to declare the transfer of the land illegal and order the registrar in Nairobi to rectify it by cancellation of the entries relating to the issuance of the titles. BY DAILY NATION
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