NAIROBI, Kenya, Dec 14 – The Ethics and Anti-Corruption Commission (EACC) has recovered a prime government plot worth Sh30 million, which had been illegally hived off from public land adjacent to State House, Mombasa.
In a statement on Saturday, EACC revealed that the land had been grabbed by Edward Mwangi Irungu, then a District Officer in Mombasa, in collusion with the then Commissioner of Lands, Wilson Gachanja.
The recovery followed court action by EACC detectives after establishing that the two officials had illegally and corruptly acquired approximately 5,296 square feet of public land.
EACC stated that the two officials had sold the government land to Minalove Hotel & Restaurant Limited, a popular hotel in Mombasa.
After acquiring the title deed for the land, the hotel owners used the documents to secure a loan from a local bank.
Justice Nelly Matheka of the Mombasa Environment and Land Court nullified all transactions related to the land and ordered that the property be reverted to the Government.
Revoked transaction
Justice Matheka upheld EACC’s submission that, having been set aside for public use, the land was not available for allocation to Edward Irungu or any other person.
Consequently, all transactions leading to its transfer were deemed illegal, invalid, null, and void.
“Justice Matheka issued declarations and orders that the lease registered in favor of Minalove Hotel & Restaurant Limited was improperly procured and is hereby canceled. Having no valid title, the hotel did not pass good title to Equity Bank (the second defendant), and the transfer of land dated July 2, 2013, is hereby canceled,” EACC stated.
The judge further ordered that the register for the land parcel Mombasa/Block XXVI/1010 be rectified to remove entries in favor of the hotel and the charge in favor of Equity Bank, with the title reverted to the government.
Additionally, the judge issued a permanent injunction restraining Equity Bank—whether by themselves, their agents, servants, or assigns—from alienating, transferring, charging, leasing, subdividing, disposing of, wasting, entering, or undertaking any construction or development on the land, except by way of surrender to the Government of Kenya.
“General damages of Sh5 million were awarded against the hotel and Equity Bank for wrongful interference with public land in an irregular, illegal, and fraudulent manner,” EACC added.
The judge directed that the Sh5 million awarded as damages be channeled to EACC accounts as compensation for the costs incurred during the case.
Source: capitalfm
