EACC loses land case against former cabinet minister Sam Ongeri
Judge Munyo Sila said there was no evidence to show that former lands commissioner James Raymond Njenga had acted fraudulently by allocating it to a former senior government official.
The Ethics and Anti-Corruption Commission (EACC) has lost a bid to have former cabinet minister Prof Sam Ongeri surrender an alleged market property in Kisii, which it claimed was illegally acquired.
In a judgement delivered by Environment and Land court Judge Munyo Sila, said there was no evidence to show that former lands commissioner James Raymond Njenga had acted fraudulently by allocating it to a former senior government official.
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EACC had sued Ongeri and former lands commissioner James Raymond Njenga, claiming that the property under his name was set aside for the Kisii Municipal Market.
The judge observed that although EACC claimed that there were vegetable vendors on the plot, it did not prove that it was public.
"It was, of course, mentioned that the plot hosts vegetable vendors. I was not told when the vegetable vendors took possession, i.e whether before or after the allocation of the plot. The mere presence of vegetable vendors on a plot does not make it public land. The presence of the vegetable vendors is a problem for the first defendant (Ongeri) to deal with," said Munyao.
EACC had filed two separate cases. However, the Judge ordered their consolidation.
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