Inquiry Into Illegal Alienation of Land Belonging to Met Department Valued at Kshs. 5 Billion

Press Release

Introduction

EACC investigated allegations that land belonging to the Meteorological Department in Industrial Area, Nairobi, had been illegally alienated. EACC established that the said land was divided into five portions and allocated to five related companies. The Commission filed the following cases;

1. HCCC No. 275 of 2009; KACC vs Wison Gacanja & 2 Others to recover L.R. 209/13559 (I.R 75461) which had been allocated to Beacon Towers Limited.
2. HCCC No. 197 of 2009; KACC vs Wison Gacanja & 2 Others to recover L.R. 209/13560 (I.R 75459) which had been allocated to Hillbrow Properties Limited.
3. HCCC No. 198 of 2009 KACC vs Wison Gacanja & 2 Others to recover L.R. 209/13561 (I.R 75460) which had been allocated to Brentwood Traders Limited.
4. HCCC No. 274 of 2009; KACC vs Wison Gacanja & 2 Others to recover L.R. 209/13562 (I.R 75469) which had been allocated to Varun Industrial Credit Limited.
5. HCCC No. 273 of 2009; KACC vs Wison Gacanja & 2 Others to recover L.R. 209/13563 (I.R 75457) which had been allocated to Pamba Properties Limited.

All the above mentioned ELC Civil Suit no.s 197, 198, 273, 274 and 275 of 2009 stated above (hereinafter, ‘the suits’) were consolidated and HCCC No. 275 of 2009; KACC vs 2 others and Beacon Towers Ltd was selected as the pilot file.

The Facts

EACC demonstrated that public officials colluded with private individuals to alienate Government land without following the law and in disregard of the actual or reserved user. This resulted in the irregular alienation of Meteorological Department land to Beacon Towers Limited, Varun Industrial Credit Limited, Hillbrow Properties Limited, Pamba Properties Limited and Brentwood Traders Limited (hereinafter, ‘the Companies’).

In a consolidated judgment delivered today (3rd August 2020), Justice Elijah Obaga agreed with EACC and cancelled all five titles. The Judge found clear evidence – which was confirmed during a site visit – that the land was reserved for the Meteorological Department and therefore not available for alienation. In addition, the Judge found that Mr. Wilson Gacanja (former Commissioner of Lands) had no authority to alienate Government Land for industrial purposes as such power is the preserve of the President. Finally, the Judge noted that there are Government structures on the properties which had not been boarded in accordance with the prevailing laws and regulations.

Cumulatively, the five parcels measure 21.12 hectares or 53.404 acres in total. The land is situated in Industrial Area, off Mombasa Road, behind Panari Hotel. It can also be accessed from Enterprise Road, through Road A.

According to EACC’s Valuer Mr. James Githinji, the current value of the properties is FIVE BILLION shillings. EACC was represented by Lawyer Ben Murei, while Ms. Mwachiro acted for Mr. Wilson Gacanja and Mr. Walter Amoko acted for the 5 companies who had been granted the land.

Phillip G. Kagucia
HEAD OF CORPORATE COMMUNICATIONS ETHICS AND ANTI-CORRUPTION COMMISSION
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