EACC recovers 4.9 acres of illegally allocated public land in Loresho worth over Sh400m

The Ethics and Anti-Corruption Commission has reclaimed 4.9 acres of public land valued at over Sh400 million in Nairobi’s Loresho area, which was illegally subdivided and allocated to private individuals. The land, registered as L.R. No. Nairobi Block 90/229 is part of the Loresho Water Reservoir.

The recovery follows a ruling delivered by Justice Ogutu Mboya of the Environment and Land Court, which 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 2021, the EACC went to court seeking, among other orders, a declaration that the land parcel was already reserved for public use and therefore could not be allocated to private individuals. They also requested the cancellation of all subsequent land titles, as the original allottees had no valid ownership to transfer to new owners.

This is after its investigations established that a complaint forwarded to it 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, was true.

Investigations by the Commission 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 grabbed by Fredrick Kimemia and transferred to his associate, Samuel Gathogo Mwangi. The subdivisions happened in 1995.

Court injunction

In June 2022, EACC obtained an injunction 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, the commission's lawyers 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 of Kenya for public use, as originally intended," the commission said on Thursday.

The land was set aside for a water reservoir and related water distribution installations, which are public utilities, Justice Oguttu Mboya ruled.

The court also quashed the titles issued following the initial subdivision and subsequent transfers, declaring that they bore no legal rights and were therefore null and void.

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