On June 27, 2022, the Ethics and Anti-Corruption Commission (EACC) initiated proceedings to reclaim public land in Naivasha measuring approximately 400 acres that had been reserved for research purposes by the Kenya Agricultural Livestock Research Organization (KALRO).
The EACC investigated allegations of irregular alienation and acquisition of KALRO land by Pineapples Edge Limited and Trojan Nominees Limited through its South Rift Regional Office in Nakuru.
Wilson Gacanja, a former Commissioner of Lands, has also been sued alongside the former Chief Land Registrar for facilitating the illegal acquisition of KALRO land.
Investigations established that the Veterinary Department (Quarantine Farm) land was set aside for government use as a Veterinary Farm in 1904.
The land contains government installations that include;
i. Staff houses (some have been vandalized by the grabbers).
ii. Water tanks and a robust underground water reticulation system,
iii. Livestock structures used for research (some have also been vandalized).
The farm was the hub for indigenous chicken breeding and Lucerne research and a Multiplication Centre for Sahiwal cattle. The farm had therefore the necessary livestock infrastructure such as poultry houses, offices, dips, and residential and irrigation facilities. Besides, the farm served as the only National Quarantine Station for breeding livestock destined for export/import. Currently, the country has no livestock quarantine facility as a result of this irregular allocation.
According to records obtained from the Ministry of Lands, it was established that on 16th April 1995 a portion of the KALRO land (parcel No. 230) measuring approximately 87.47 ha was allocated to Pineapples Edge Limited.
Investigations further established that;
● Parcel number Naivasha Municipality Block V/285 and Naivasha Municipality Block V/290 measuring approximately 86.27 ha and 11.82 Ha respectively are registered in the name of Pineapples Edge Limited as per the Certificates of Official Search. Registration was done on 28th April 1997 and 8th May 1997respectively.
● Pineapples Edge Limited was struck off the Register of Companies and dissolved vide Kenya Gazette Notice No 7395 of 24th December 1999.
● Parcel number Naivasha Municipality Block V/289 Naivasha Municipality Block V/291 measuring approximately 41.08 Ha and 11.82 Ha respectively were registered on 16th December 1997in the name of Trojan Nominees Limited.
● Trojan Nominees Limited directors are Advocate John Wacira Wambugu, his wife Susan Nyambura Kamau, their 3 children and Gem Court Limited.
As a result of the irregular allocation, KALRO was deprived of the land which served as the only National Quarantine Station for breeding livestock destined for export/ import. That at the moment the country has no livestock quarantine facility.
EACC is seeking the following orders;-
a) A declaration that the allocation and registration of NAIVASHA MUNICIPALITY BLOCK 5/289 to the 1st defendant was issued ultra vires the 3rd Defendant’s statutory powers and is illegal null and void ab initio;
b) A declaration that the allocation and transfer of the parcel of land particularly described as NAIVASHA MUNICIPALITY BLOCK 5/289 to the 1st Defendant had no good title/interest over the suit property and the purported transfer to the 2nd Defendant is illegal, null and void ab initio and incapable of conferring ownership rights and/or any other proprietary rights In the said public land.
c) An order directed to the Chief Land Registrar to rectify the Register by cancellation of the entries relating to the issuance of Titles in favour of the 1st and 2nd Defendant over NAIVASHA MUNICIPALITY BLOCK 5/289.
d) A permanent injunction do issue against the 2nd Defendant, restraining them, their agents, servants, employees and/or assigns from trespassing upon, transferring, leasing, wasting and/or dealing in any manner whatsoever with the suit properties particularly described with the NAIVASHA MUNICIPALITY BLOCK 5/289, which property comprising of public land, other than by way of surrender to the Government of Kenya.
EACC has obtained interim orders pending the inter partes hearing of the injunction application on 11.7.2022.
