Inquiry into Allegations of Illegal Alienation of Kenya National Liibrary Services Land and Four Government Houses in Kitale

Press Release

1. On 27. of October 2020, Hon. Justice Mwangi Njoroge, sitting in the Environment & Land Court in Kitale, delivered judgement in favour of the Ethics and Anti-Corruption Commission (EACC) in the following 2 cases; (i) ELC No156 of 2015 EACC vs Kapsoen Estates Limited & Wison Gacanja to recover Kitale Municipality Block 4/87 and Kitale Municipality Block 4/88 which had been allocated to the Department of Housing and comprised of four government houses. (ii) ELC No. 46 of 20010; EACC vs Wison Gacanja & 5 Others to recover L.R. 2116/43, L.R No. 2116/44, L.R No. 2116/48 and L.R No. 2116/49 which formed part of the larger parcel allocated to the Kenya National Library Services.

2. EACC, through its North Rift Regional office in Eldoret filed the above cases on 20. May 2015 and 14. December 2015 respectively, seeking to recover Government land which had been reserved for public use but had been illegally allocated and title documents issued to private persons.
Determination

3. In ELC No. 156 of 2015, EACC demonstrated that the two parcels of land indicated above Kitale Municipality Block 4/87 and Kitale Municipality Block 4/88, in which four government houses (two government houses per parcel) had been constructed, were still owned by the government as the houses had been constructed for purposes of housing civil servants who continued to occupy the property and pay rent via check-off system even during the pendency of the case.

4. In the judgment, Justice Mwangi Njoroge agreed with EACC and cancelled the two titles. The Judge found that even though the Government did not have documentation to prove title, this did not mean that the property was free for allocation to a private entity. The land was reserved for the Government houses and therefore was not available for alienation. In addition, the Judge found that Mr. Wilson Gachanja (former Commissioner of Lands) had no authority to alienate the Land to the respondent as it had already been developed by the Government for use by civil servants. Finally, the Judge also noted that there are procedures for the disposal of government houses which were not followed in this case.

5. In ELC No. 46 of 20010, EACC was able to prove that the four parcels of land indicated above L.R. 2116/43, 44, 48 and 49, were excised from a larger parcel known as Kitale Municipality Block 6/300 measuring 0.443 ha which was reserved for use by the Kenya National Library Services (KNLS) through a 1989 Part Development Plan. As such, the purported alienation and issuance of titles to Wilson Busienei (2. Defendant), who later charged two parcels to ICDC and transferred the other two to subsequent buyers, by the then Commissioner of Lands, Wilson Gachanja was illegal, null and void.

6. Justice Mwangi Njoroge in his judgement found that EACC had proved its case and proceeded to cancel the four titles. He also affirmed title to Kitale Municipality Block 6/300 which had been issued in the name of the Kenya National Library Services. The Judge noted that the Commissioner of Lands then, Wislosn Gachanja, did not have the power to alienate land since that was the preserve of the President. Furthermore, the suit land could not have been alienated to any other person as it had been reserved for use by the Kenya National Library Services and no intervening act could divest KNLS of that interest.

7. The KNLS land is valued at Kshs. 8,000,000/- while the Government houses are valued at Kshs. 10,100,000/-. Cumulatively, EACC has recovered assets worth in excess of Kshs. 18 Million.

8. EACC was represented by James Mokua, Advocate.

DATED this 4th day of NOVEMBER 2020

TWALIB MBARAK SECRETARY/CEO ETHICS AND ANTI-CORRUPTION COMMISSION