NLC wants high court to verify Ruaraka land title deed

In an application filed before the Environment and Land Court, the Commission further wants an order stopping all civil and criminal proceedings in relation to the compulsory acquisition of the land by the Ministry of Education.

Through lawyer Tom Ojienda, the NLC said the case is a matter of priority to enable the Commission know the way forward regarding the purchase of the property.

The Muhammad Swazuri-led agency said that on June 30, 2017, it published a gazette notice of intention to acquire 2.8255 hectares and 2.7472 hectares of the plot L.R. 7879/4 for Drive Inn Primary School and Ruaraka High School respectively.

COMPENSATION

The total acreage under purchase was 13.7701 acres and was done at the behest of the Education ministry.

Mr Ojienda said that from search records held by the Ministry of Lands and Physical Planning, the property is held on freehold tenure and was registered in favour of Afrison Export Import Ltd and Huelands Ltd.

The two companies allegedly purchased the property in December 1981 from a company known as Joreth Limited.

The NLC said that having completed all the legal processes for compulsory acquisition on July 18, 2017, the Ministry of Education Principal Secretary wrote a letter to the National Treasury asking it to process the compensation for the purchase of land for the two schools.

INVESTIGATIONS
And following payment of the partial award of compensation, Mr Ojienda said Ethics and Anti-Corruption Commission has since commenced investigations into the purchase of the property.

“There have since arisen numerous allegations that the compulsory acquisition was unnecessary and not in public interest as the portion of the suit parcel occupied by the two schools is allegedly public land and not private land as revealed by the search,” the lawyer said.

The Commission said they had received different letters from Afrison Ltd and Heulands Ltd director Francis Mburu asking for compensation.

“After understanding the history of the acquisition of the suit property herein and confirming that this was indeed private land that had been used to develop public interest facilities, particularly schools, the NLC wrote to the Ministry of Education on August 29, 2016 and September 13, 2016 regarding the occupation of the suit parcel by the two schools; and sought confirmation of the status of the schools as well as compensation if indeed the schools were public,” the court documents says.

The Commission reveals that following the approval of compensation, Mr Mburu has received Sh1.5 billion and the government owes him a balance of Sh1.76 billion.