By Andrew Kariuki
A fresh controversy has emerged over a prime parcel of public land in Nairobi, with fresh claims that it was irregularly transferred to a private entity before a multi-billion-shilling compensation claim was lodged against the government.
In a detailed press statement, concerned parties have raised alarm over what they describe as a deliberate attempt to convert public land into private ownership through manipulation of legal and administrative processes.
At the centre of the dispute is land originally known as Ukamba Province 964, whose lease expired in January 2001.
According to the statement, the land automatically reverted to the Government of Kenya upon expiry of the lease and was subsequently allocated to the Treasury in 2005, where it was held in trust for the public.
The land is now registered as Nairobi Block 37/63 within RM Block 37.
However, the matter took a dramatic turn after a court judgment delivered in 2012 reportedly favoured the Sheikh Fazal Ilahi Noordin Charitable Trust, effectively transferring ownership of the land to the private entity.
That judgment was later used in 2023 to formalize the transfer of the property.
The statement alleges that the judgment was obtained through misrepresentation and fraudulent documentation, claiming that the trust failed to present original lease documents when required for extension.
Instead, it is alleged that the trust sought court intervention and secured orders that facilitated the transfer of public land into private hands.
“This is not merely a land dispute. This is the attempted privatization of public property through procedural abuse,” the statement reads.
Concerns have also been raised about the role of public institutions in the matter, with claims that key state offices failed to defend public interest during the proceedings.
The statement points to officials in the Office of the Attorney General, including former office holders, accusing them of failing to take appropriate legal action to challenge the judgment or protect the land on behalf of the public.
Further controversy surrounds the compensation claim arising from the disputed land.
After securing title in 2023, the trust is said to have moved to the Land Tribunal seeking compensation exceeding Ksh 11 billion from the Kenya Urban Roads Authority (KURA) and the Kenya National Highways Authority (KeNHA) for land compulsorily acquired for the expansion of Thika Superhighway and its link roads.
The potential payout has sparked public concern, with critics warning that billions of shillings in taxpayer funds could be paid to a private entity over land whose ownership remains contested.
“Over 11 billion shillings of taxpayers’ money — money meant for schools, hospitals, roads and food security — is now at risk,” the statement warns.
The matter is further complicated by ongoing claims from other parties, including individuals asserting adverse possession rights and a private company, St. Benjamin Memorial Clinics Supplies Limited, all of whom are contesting ownership of the same parcel.
However, the statement emphasizes that under Kenyan law, public land cannot be acquired through adverse possession.
Observers say the case highlights a troubling pattern in land disputes, where public land is allegedly transferred to private entities before being subjected to compulsory acquisition, followed by substantial compensation claims.
The statement also raises serious constitutional concerns, questioning whether public institutions are adequately safeguarding public assets and whether taxpayer funds are being exposed to exploitation.
Among the issues raised are whether public land is being made available to private interests through manipulation, and whether constitutional offices are acting in the best interests of citizens.
The statement further alleges that attempts by members of the public to intervene in court proceedings were unsuccessful.
It claims that on February 23, 2026, individuals appeared in court seeking to present evidence that the lease had expired and that the land had reverted to the government, but their efforts were not entertained.
Additionally, the statement claims that formal complaints had previously been lodged with the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP), but no decisive public action has been taken.
The situation has drawn comparisons to past land scandals, with claims that the case mirrors earlier controversies where the government allegedly compensated private entities for land that originally belonged to the public.
In a further escalation, it is alleged that the trust has threatened to demolish a public footbridge constructed using taxpayer funds, raising fears of pressure tactics being employed in the dispute.
Those behind the statement are now calling for urgent action, including independent investigations, a forensic audit of documents used in the original case, suspension of any compensation proceedings, and legal steps to set aside any judgment found to have been obtained fraudulently.
They are also demanding accountability from public officials involved in the matter.
“This is not about personalities. This is about protecting what belongs to millions of Kenyans,” the statement concludes.
As the controversy unfolds, the case is expected to raise significant legal and constitutional questions about public land management, institutional accountability, and the safeguarding of public resources.
