The High Court has granted the Ethics and Anti-Corruption Commission (EACC) orders to stop the planned auction of public land that was allegedly grabbed from the Agricultural Training Centre (ATC) Nakuru by a private company Hashi Energy Ltd.
The land in question is situated along the Nakuru -Eldoret Highway at the Soilo area within Nakuru Town.
Hashi Energy Ltd, based in Nakuru, used the land as collateral for a loan from Eco Bank but defaulted on the repayment of Ksh40 million.
In his ruling on the EACC application filed under a Certificate of Urgency, Justice Charles Kariuki prohibited Eco Bank and Hashi Energy Ltd from selling and auctioning the land until the case is heard and determined.
“THAT an order be and is hereby issued prohibiting the Respondents jointly and severally, their agents, servants or any other persons from selling, charging, alienating, auctioning, transferring, disposing or in any other way dealing with the parcels of land Known as NAKURU L.R NO. 28963 (I.R 140278) and NAKURU L.R NO. 28964 (I.R 140277),” reads part of the ruling.
“THAT this matter be and is hereby fixed for directions on 19th September 2024.”
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EACC Moves to Stop Auction of ATC Land
This decision follows a move by the EACC to seek preservation orders, preventing Eco Bank from Illegally auctioning the land from the alleged grabber.
EACC revealed that the land, which was to be auctioned on Friday 23 August 2024, is part of 165 acres of ATC land worth over Ksh 10 billion.
It was allegedly grabbed by over 50 private persons who then sold it to Hashi Energy Ltd.
Furthermore, Hashi Energy Limited had reportedly hired Dalali auctioneers to publicly auction the land, which includes parcels LR No. 7385/2 and LR No. 7385/3, both belonging to ATC Nakuru.
“Under instructions received from the chargee, we shall sell by public auction the under mentioned properties on 23rd August 2024 at the offices of Legacy Auctioneering Services, Nacha House, 3rd Floor, Nakuru starting at 10:30 am,” read part of the auction notice.
“All those properties known as L.R. NOS. 28963 & 28964, NAKURU – ELDORET HIGHWAY, NAKURU COUNTY. Plot 28963 measures 0.2674 Ha. or 0.661acre & Plot 28964 measures 0.2706Ha. or 0.669 acre. The plots are situated along Nakuru-Eldoret Highway. Tenure is leasehold interest registered in the name of HASHI ENERGY LIMITED.”
Buyers Warned
Consequently, EACC South Rift Regional Manager Ignatius Wekesa warned Kenyans against purchasing the parcels of ATC land that were up for auction.
“Any person purchasing this land risks losing it to the government when the ongoing investigations and court process are finally completed. We have moved to court to stop the auction even as we launch an inquiry to establish how it was advertised for auction by private persons,” Wekesa said.
The Anti-graft agency said the property is currently under active investigation for the purposes of recovery and return to the public, as well as prosecution of culpable persons.
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