Court grants EACC injunction stopping activities on grabbed public land worth KES 100M

The Nakuru Environment and Land Court has issued an injunction order barring the use of a public land said to have been grabbed.

The land valued at KES 100 million is located opposite the Public Works offices, and the Kenya National Highways Authority (KeNHA) is constructing its regional headquarters offices.

The Ethics and Anti-Corruption Commission (EACC) had filed an application for the temporary injunction orders under a Certificate Of Urgency to preserve the property as the hearing of the case continues.

In his ruling, Justice Antony Ombwayo said, “The 1st Defendant, Hillary Kipkorir Mwaita, his servants, employees and/or agents or any other person from alienating, selling, advertising for the 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.” 

The EACC headed to court alleging that Hillary Kipkorir Mwaita illegally and irregularly acquired the land through his brother Sammy Mwaita, a former Commissioner of Lands.

The Commission sued the Mwaitas and the Chief Land Registrar, and according to EACC, all efforts to persuade the three to return the land to the government failed, leaving them with little choice but to go to court.

Mwaita, who claims to be the rightful owner of the land, went to court to prevent KeNHA from continuing with further developments on the land. He also sought to have them evicted from his property.

The court ordered KeNHA to stop all development on the property.

The case piqued the curiosity of EACC investigators, who discovered that the land was public property. In order to regain the land, the commission then sued the three parties.

Besides its regional headquarters under construction, KeNHA has a laboratory built on the property, 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 case will be heard on January 26, 2023.

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