16.1 C
New York
Monday, May 20, 2024

Buy now

EACC reclaims gov’t property

EACC reclaims gov’t property 

 

A Ksh52 million home in Nyali, Mombasa county, has been recovered by the Ethics and Anti-Corruption Commission (EACC).

 

This follows a decision by Justice Nelly Matheka of the Mombasa Environment and Land Court that the Kenya Civil Aviation Authority (KCAA) owned the bungalow’s bedrooms.

 

EACC sued Luka Kimutai, his wife Sally Cheptoo, Toro Estates Limited, and Sammy Mwaita, who was the commissioner of Lands at the time, in the recovery suit that was filed in 2009.

 

The KCAA was granted the land lot, according to EACC, before it was given to the accused in 2000.

The anti-corruption organization claims that Kimutai transferred the seized land to Toro Estates Limited.

 

Judge Matheka criticized Mwaita in the decision for betraying the public’s confidence by illegally and fraudulently transferring land to the accused.

Justice Matheka ruled that the commissioner’s acts were invalid because the property could not have been converted to private land.

EACC reclaims gov’t property 

According to court documents we have, Lady Justice Matheka made the following decisions in the commission’s favor:

 

“A declaration that the Commissioner of Lands’ (Sammy Mwaita) allocation of the property to the first defendant, Luka Kimutai, and the subsequent issuing of the lease were irregular, fraudulent, and illegal, and as a result, null and invalid.

“An order for rectification on the land register by the cancellation of title and all entries made in favor of Luka Kimutai Chepto, and subsequent transfer to Toro Estates Ltd, the firm he runs with his wife.

 

Additionally, “an order of preservation and a permanent injunction against Toro Estates Ltd, its agents, servants or assigns restraining it from leasing, transferring, charging, taking possession or any other manner howsoever from dealing with land reference no MN/1/2414 except by way of transfer or surrender to the Kenya Civil Aviation Authority or/and the Government of Kenya.”

 

EACC reclaims property

 

 

 

Related Articles

Recent Articles