EACC recovers grabbed Loresho water reservoir land valued at Sh400mn » Capital News

NAIROBI, Kenya, Jun 6 — The Ethics and Anti-Corruption Commission(EACC)has recovered public land worth over Sh400 million in Nairobi’s Loresho area.

EACC said that the parcel of land registered as NAIROBI BLOCK 90/229 and which measures 4.9 acres, forms part of the Loresho Water Reservoir that was illegally subdivided and allocated to private persons.

In a judgment delivered by Justice Ogutu Mboya of the Environment and Land Court on May 9, the court noted that the land was not available for allocation to private persons as the same had been reserved for the expansion of the public water reservoir.

“In particular, the court stated that the titles issued following the initial sub-division and subsequent transfers bore no legal rights and were therefore null and void,” EACC disclosed` Thursday.

Following a complaint by the Loresho Residents Association that part of the Loresho Water Reservoir, NAIROBI BLOCK 90/229, had been grabbed, and a contractor was on the ground preparing the site for the construction of a shopping mall.

2021 suit

The Commission commenced investigations, and upon conclusion, this case was filed in the year 2021.

Investigations by the anti-graft agency established that the front section of the reservoir was split into three parcels, NAIROBI BLOCK 90/584-586, and allocated to Mitema Holdings Ltd, Maywood Ltd, and Nova Construction Ltd, all owned by Leonard Onyancha and his wife, Careen Onyancha.

The couple later sold the plots to Shital Bhandari, who amalgamated them into NAIROBI BLOCK 90/599.

Simultaneously, the rear portion of the reservoir was subdivided into five plots, NAIROBI BLOCK 90/592-596, and allocated to various individuals, including former Deputy Mayor Ali Mwanzi, Julia Ojiambo, Rosemary Irungu, Hannah Wanjiku, and Fatma Abdalla.

These plots were later allgedly grabbed by Fredrick Kimemia and transferred to his associate, Samuel Gathogo Mwangi.

The subdivisions occurred in the year 1995.
 
The Commission moved to the Environment and Land Court seeking orders, among others, a declaration that the parcel NAIROBI BLOCK 90/229 had already been earmarked and reserved for public purposes and therefore not available for allocation to private individuals.

Further, the Commission sought for cancellation of all subsequent titles as the first allottees could not pass a good title to the new owners.

The Commission obtained an injunction in June 2022 restraining the parties from disposing of or in any way dealing with the properties pending the hearing and determination of the case.

During the trial, EACC presented testimony from 10 witnesses representing various government bodies, including the Director of Surveys, Nairobi County Government, the Department of Physical Planning, and Nairobi Water and Sewerage Company.

With the court’s judgment, the recovered land will be handed over to the government for public use, as originally intended.