The Ethics and Anti-Corruption Commission has filed a lawsuit in order to reclaim public land taken by a former land commissioner.
The value of the land is estimated to be Sh77 million.
The anti-graft body petitioned the Nakuru Environment and Land Courts for the return of the land, which the official is accused of assisting private developers in acquiring.
“The land in Naivasha was reserved for Kenya Agricultural and Livestock Research Organisation for research purposes and is valued at Sh77, 902, 500,” EACC said.
The aforementioned land is vast and is geographically located a few kilometers from Naivasha Town along the Naivasha-Mai Mahiu Road.
According to the anti-graft investigation, the land was set aside for use as a veterinary hospital in 1904.
J. S. Vaughan, a Licensed Surveyor, confirmed the Commission’s findings that the land belongs to KALRO.
“In 1970, he prepared survey plan FR 117/2 for LR. No. 12079; the land is adjacent to LR. No. 12079 and is designated on the plan as Veterinary Department (Quarantine Farm),” EACC added.
At the time, the land had not been surveyed.
According to the organization, another survey on the Veterinary Department land was conducted in 1994 in accordance with FR 270/13 prepared by Licensed Surveyor James Kamwere Muriuki.
The survey identifies four parcels on the ground as follows: parcel number 230 measuring 87.47 hectares, parcel number 231 measuring 0.900 Ha, parcel number 232 measuring 8.101 Ha, and parcel number 233 measuring 79.93 Ha, as well as a service road.
The survey work was directed by the then-Director of KARI (now KALRO) for their use, according to EACC.
Gatome, a licensed surveyor, conducted another survey on January 17, 1996, in accordance with FR 298/133.
The parcels on FR 270/13 were subdivided by the survey, yielding the following parcels: 231 measuring 0.9 ha, 285 measuring 86.27 ha, 286 measuring 25.43 ha, 289 measuring 41.08 ha, 290 measuring 11.82 ha, and 291 measuring 11.82 hectares.
According to the investigations, Pineapples Edge Limited received parcel No. 230 measuring approximately 87.47 hectares on April 16, 1995.
According to information obtained from the Ministry of Lands.
“On August 15, 1995, parcels No. 230 and 233 measuring approximately 87.47 and 79.93 ha were allocated to Settlement Fund Trustees who accepted on December 21, 1995,” the Commission added.
On December 13, 1996, they were divided as follows: parcel No. 289, measuring approximately 41.08 ha, was assigned to Settlement Fund Trustees, while parcel No. 285, measuring approximately 86.27 ha, was assigned to Settlement Fund Trustees.
Furthermore, parcel No. 286 measuring approximately 25.43 ha was allocated to Kenya Wildlife Service, which accepted the allocation.
“Parcel No. 291 measuring approximately 11.82 ha was assigned to Settlement Fund Trustees, and Settlement Fund Trustees were assigned Uns. Naivasha Municipality measuring 23 ha.”
EACC also established that on August 4, 1999, SPRO confirmed to the Director of Land Administration that parcel number 230 was 285, parcel number 233 was 289, and parcel number 231 was not registered and had no card.
The parcels belonged to the Veterinary Department.
Furthermore, according to the Certificate of Official Search and Green Card, Naivasha Municipality Block V/286 measuring approximately 25.43 hectares was registered in the name of KWS.
According to the Certificates of Official Search and Green Cards, parcel numbers Naivasha Municipality Block V/285 and Naivasha Municipality Block V/290, measuring approximately 86.27 ha and 11.82 ha, respectively, were registered in the name of Pineapples Edge Limited.
Their registration was done on April 28, 1997 and May 8, 1997.
Pineapples Edge Limited was struck off the Register of Companies and dissolved on December 24, 1999, according to Kenya Gazette Notice No. 7395.
Furthermore, Trojan Nominees Limited registered parcel numbers Naivasha Municipality Block V/289 and Naivasha Municipality Block V/291, measuring approximately 41.08 ha and 11.82 ha, respectively.
They registered on December 16, 1997, the commission said.
According to EACC, the erroneous allocation cost KALRO the land that served as the only National Quarantine Station for breeding livestock destined for export/import.
