A house being built by a private developer on land belonging to the Nairobi Water and Sewerage Company in Loresho, Nairobi on February 17, 2015. ANTHONY OMUYA |
The High Court has returned to the Nairobi County government public land grabbed 30 years ago by a former deputy mayor and an assistant minister in the Daniel Moi regime.
The court found that land valued at Sh400 million had been allocated illegally to Prof Julia Ojiambo, a former University of Nairobi Council Member, who later became an assistant minister.
Others who had been irregularly allocated the land included a former deputy mayor Ali Mwanzi.
Declaring as null and void all the titles issued in respect of the land parcel, Environment and Lands Court Judge Oguttu Mboya termed the transactions leading to the loss of the public land at the upmarket Loresho area as “mere paper transactions.”
Public land reclaimed
As a consequence, Justice Oguttu directed the registrar of lands to cancel the title deed issued to a private developer, Shital Bhandari.
The judge also ordered the lands office to register the land in the name of Nairobi City Water and Sewerage Company.
Justice Oguttu further ordered the eviction of whoever is in the public land meant for the construction of water reservoirs. The court also issued a permanent injunction against Bhandari prohibiting him, his agents, servants and, employees from trespassing, transferring, leasing or dealing in any matter whatsoever with the disputed land, other than by way of surrender to the government of Kenya.
The judge ruled that the Ethics and Anti-Corruption Commission (EACC) had proven its case against the 13 defendants and ordered Mutema Holdings Ltd and former Commissioner of Lands Wilson Gachanja to pay costs to the anti-graft body.
The court found out that the land formed part of the Loresho Water Reservoir and was therefore not available for private allocation. He declared all titles arising from the subdivision and subsequent transfers null and void.
“The land underpinning the impugned letters of allotments was surrendered to the city council of Nairobi and same was reserved and marked for water reservoir. To this end, the impugned plots stood alienated and were thus not available for allotment,” said the judge.
The occupants of the land have been given a period of 60 days to vacate the land that now reverted its ownership to the Nairobi City County government through the Nairobi Water and Sewerage Company.
“I have come to the conclusion that the Plaintiff herein [EACC] has indeed proved its claim on a balance of probabilities or better still balance of preponderance. In this regard, the claim beforehand is meritorious,” the judge added.
How the land was acquired
The land, originally known as Nairobi/Block 90/229, was set aside for public utility as a water reservoir but was irregularly subdivided and allocated to private entities. In June 2021, the EACC moved to court after its investigations revealed that the land had been fraudulently acquired and transferred to private individuals and companies.
The anti-corruption watchdog sought to reclaim the property arguing that the original plot, Nairobi/Block 90/229, was public land reserved for a water reservoir and that all subsequent sub-divisions and transactions were irregular, illegal, and void.
The commission also asked the court to cancel the affected titles, reverse the transactions, and return the land to public ownership through the Nairobi City Water and Sewerage Company.
The Nairobi City Water and Sewerage Company Limited.
The piece of land was surrendered to the defunct city council of Nairobi in the 1970s following a sub-division of two parcels LR5952 and 116653. It was previously earmarked for the construction of a water reservoir according to plans submitted to the courts by the Department of Planning at City Hall.
It also housed vital water infrastructure including elevated and underground tanks, pumping stations, staff houses and a piping water system for Loresho, Runda Gigiri and Upper Kabete.
But in 1995, it changed ownership after the then commissioner of lands Wilson Gachanja issued letters of allotment to Mitema Holdings Limited, Maywood Limited and Nova Construction Limited. The three companies (Mitema, Maywood and Nova) were owned by a couple-Leornard Onyancha and his wife Careen.
After acquiring the land, the couple sold the land to Mr Bhandari.
Dr Julia Ojiambo, ODM Kenya’s presidential candidate Kalonzo Musyoka’s running mate.
On her part, Prof Ojiambo informed EACC, when she was summoned to explain how she acquired the land, that she was allocated the land after visiting the Office of the President.
“After allocation, she admitted that the parcel of land allocated was not conducive as a residential place as she saw an underground tank that she thought was sewage. She lost interest in the plot but sold it to a third party, who has never taken possession and was not traced by the commission,” read the court proceedings.
The Nairobi City County government and the Ministry of Lands have said that there was no legal change of user that was granted and that some of the survey plans were not approved by the Director of Surveys.
The beacon certificates used to support the land claims were of questionable origin and were issued without due process.
The court also heard that developers erected fences and began construction, prompting protests from local residents and employees of Nairobi Water, who continued to operate from the site.
At the time of the suit, parts of the land were still under active public use, and the water infrastructure remained operational.
