Former Commissioner probed for allocating land worth KES 100 million to his brother
The Ethics and Anti-Corruption Commission (EACC) is investigating former Commissioner of Lands Sammy Kipkorir Mwaita on allegations of abuse of office.
Kipkorir is also suspected to have an irregular conflict of interest, and fraudulent acquisition of public property arising from transactions he authorized during his tenure as a Commissioner of Lands.
Kipkorir is accused of allocating public land in Nakuru worth KES 100 million to his brother Hillary Kipkorir Mwaita in one of the transactions.
According to EACC, the Kenya National Highways Authority (KeNHA) is currently building its regional headquarters in Nakuru on the aforementioned property.
“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,” a source at EACC said.
Kipkorir is said to have been accorded the land on December 7, 2021.
According to EACC, the property was originally assigned to the Ministry of Works, but is now under the custody of KeNHA.
KeNHA also has a laboratory on the property, which is used to test the moisture of various types of soils and gravel that will be used in road construction projects in Bomet, Baringo, Nakuru, Narok, Kericho, and some parts of Elgeyo Marakwet and Laikipia, specifically Nyahururu.
The property also includes old government houses built in the 1960s that are currently being used by workers supervising the construction of KeNHA offices, as well as storage containers used to store emergency materials used to repair and/or construct bridges in the aforementioned areas.
According to EACC, despite the fact that the property is currently occupied by KeNHA, Hilary Kipkorir Mwaita, the accused’s brother, is in possession of the title documents.
EACC has sought orders declaring that Sammy Mwaita’s allocation and transfer of the said parcel of land to Hillary Kipkorir Mwaita was illegal, null and void, and incapable of conferring ownership rights and/or any other proprietary rights.
EACC also seeks an order directing the Chief Land Registrar to correct the Register by canceling the entries relating to the issuance of a Certificate of Lease in favour of Hillary Kipkorir Mwaita, as well as a permanent injunction prohibiting Hillary Kipkorir Mwaita, his agents, servants, employees, assigns, or any other person whatsoever from charging, transferring, leasing, wasting, entering, developing, sub-dividing, occupying, and/or dealing with the land.
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