The Ethics and Anti-Corruption Commission (EACC) has sued Rubis Energy Kenya, seeking Ksh1.6 billion in compensation over illegal land occupancy.
According to the agency, the public land belongs to the Kenya Railways Corporation.
Further, the lawsuit targets former lands officials who served as commissioners between 1975 and 1999, accusing them of irregularly allocating the land to private entities.
The disputed parcel, strategically located at the corner of Uhuru Highway and Haile Selassie Avenue, is where Rubis has its headquarters.
In addition, EACC, in its court papers, contends that the land was initially reserved for Kenya Railways and later relinquished for the construction of a flyover aimed at easing traffic congestion in Nairobi.
The anti-graft agency argues that its investigations uncovered the irregular alienation of the land, with all involved land officials implicated in the process.
Details of the Case
The EACC emphasizes that the property, originally earmarked for public utilities, was unlawfully disposed of by the former lands officials, rendering the purported alienation and creation of land registration numbers LR No. 209/9641 and LR No. 209/12133 fraudulent, illegal, null, and void.
In a petition filed at the Environment and Land Court, the EACC seeks a compensation of Ksh1.6 billion.
EACC on its defense, argues that the contested land at the junction of Haile Selassie Avenue and Uhuru Highway was never available for allocation and should revert to the government.
Subsequently, the lawsuit names Lima Ltd, a company linked to former minister Nicholas Biwott, and LZ Engineering Construction Ltd alongside Rubis Energy Kenya.
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The EACC insists that Rubis must vacate the land and compensate the government for the alleged illegal occupation dating back to 1980.
The former lands officials, who served as commissioners between 1975 and 1999, are also implicated in the lawsuit, accused of irregularly allocating the land to private entities.
Demanding the vacation of the land and compensation for its illegal use since 1980, the EACC is seeking a court order compelling the defendants to surrender the properties LR No. 209/9640 and LR No. 209/1233 Nairobi.
The compensation demand is calculated at Ksh30 million per year for the first portion and Ksh10 million per year for the second portion, totaling Ksh1.3 billion.
EACC Historical Context
The contested land, originally reserved for Kenya Railways, was reportedly surrendered for public use in the 1960s, initially intended for the construction of the Post Office headquarters.
Subsequently, the land was earmarked for a flyover and cloverleaf project to ease traffic congestion, as proposed by the defunct City Council of Nairobi in 1960.
According to the EACC, a Nairobi municipality plan dated June 30, 1945, designated the area bound by Uhuru Highway and Landhies Road as Kenya Railways land.
In 1960, KRC ceded the land to facilitate the proposed development of a flyover and cloverleaf at the junction.
However, the plan was abandoned, and the land was later surrendered to the Post Office.
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In what the EACC deemed a disregard for existing alienation and public use, the former lands officials facilitated the alleged illegal alienation and allocation of the surrendered land to Lima Ltd.
Court documents reveal that in 1980, former director of physical planning James Raymond Njenga directed John Michael Ohas, a former Ardhi House official, to urgently prepare a plan creating two plots allocated to Lima Ltd for 99 years.
The land was later transferred to LZ Engineering and eventually to Rubis, as stated in the EACC’s petition.
The anti-graft body contends that despite the land being part of a road reserve and containing a public toilet owned by the city council, the defendants sought and obtained allocation, even applying for amalgamation.
