Former Commissioner of lands Sammy Mwaita has been ordered to surrender a Ksh430 million piece of land to the government
The Environment and Lands Court ordered the return of the public land saying it was grabbed.
The recovered land, parcel Number L.R. No. 209/6337 I.R. No. 85631 measures approximately 0.8979 Ha
It had been reserved as an interchange for Mombasa Road and Eastern Bypass (at Cabanas).
Lady Justice Komingoi issued a permanent injunction restraining Redwood Properties Ltd, from alienating transferring charging or in any other manner dealing with the suit property.
The company is associated with Mwaita.
“A declaration that the grant made to the 1st Defendant on or about 28/2/2001 in respect of the suit property was fraudulent and illegal and is void and did not vest any lawful title on the 1st Defendant. A declaration that the transfer of the grant to the 2nd Defendant on or about 30/3/2001 in respect of the suit property was made fraudulently and illegally and is void and did not vest any lawful title on the 2nd Defendant,” Justice Komingoi ruled.
Mwaita and the then Registrar of Titles S.K. Wangila transferred the land to Wak Ltd as a grant for a period of 99 years with effect from June 1, 1998.
According to EACC ,in 2001, Wak Ltd in conspiracy with and consent of Mwaita during his tenure as commissioner of lands transferred the property to Redwood Properties.
EACC submitted that Wak Ltd was non-existent at the time of allocation, meaning it had not been incorporated as a legal entity according to the evidence by Registrar of Companies thus lending credence to conspiracy and collusion between the accused.
The court also issued an order rectifying by cancelling the entries made in the grant and transfer in favour of Wak Limited and Redwood Properties on February 28, 2001, and March 30, 2001, respectively and restoring the suit property to the government.
