EACC recovers Sh2.8 billion Karura Forest land from late ex-minister Kamotho’s company
In a landmark ruling, the court declared that the prime Gigiri property—part of Karura Forest—was unlawfully acquired by the late Minister Joseph Kamotho’s company.
The Ethics and Anti-Corruption Commission (EACC) has recovered land worth Sh2.8 billion belonging to Karura Forest, part of which had been illegally acquired by the late former Cabinet Minister Joseph Kamotho.
Last week, the Environment and Land Court in Nairobi revoked the title deed for Nairobi Block 91/386, registered under Gigiri Court Limited, following a suit filed by the EACC in 2007.
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According to court documents, Gigiri Court Limited had obtained the prime Gigiri property from the late John Joseph Kamotho, a former minister in President Moi’s government. The land, measuring about 7.11 hectares, is part of Karura Forest.
“It was created through the amalgamation of Nairobi Block 91/130, originally reserved for Kenya Technical Teachers College (KTTC), and Nairobi Block 91/333, part of Karura Forest that had not been degazetted,” the EACC said on Tuesday.
Not available for allocation
This meant the land was not available for allocation to either Gigiri Court Limited or Hon. Kamotho.
In his ruling, Justice David Mwangi declared that the Certificate of Lease issued to Gigiri Court Limited was null and void, noting it could not confer ownership of public land to private individuals.
EACC investigations found that Nairobi Block 91/130 (about 0.566 ha) had been reserved for KTTC, while an additional 2.5 ha had been illegally hived off Karura Forest and allocated to Kamotho.
“The said Nairobi Block 91/130 and the additional portion measuring 2.50ha were amalgamated to form Nairobi Block 91/333,” the court papers show.
In 1994, Kamotho registered Nairobi Block 91/333 under his company Gigiri Court Limited, which he later sold—along with the land—for Sh6 million to Mandip Singh Amrit and Manjit Singh Amrit.
Gigiri Court Limited then carried out a private survey, further grabbing 3.8 hectares of Karura Forest.
“Ultimately, Nairobi Block 91/333 and the additional portion measuring 3.8ha were amalgamated to create Nairobi Block 91/386, and a Lease illegally issued by Mr Wilson Gacanja on 6th September 1995 to Gigiri Court Limited for residential use,” the investigations revealed.
Unlawfully allocated
The EACC established that between 1987 and 1995, parts of this public land were unlawfully allocated to private individuals through a series of illegal transactions.
The commission requested that the court declare the alienation of the land and the creation of the three titles—91/130, 91/333, and 91/386—as irregular, fraudulent, illegal, and void. It also sought cancellation of the leases, a permanent injunction against the company, and general damages for fraud and breach of fiduciary duty.
The court ruled in favour of EACC, finding that the land was government property whose allocation violated the Forest Act and the Government Lands Act. It confirmed that the land had been reserved for KTTC and Karura Forest.
“Importantly, the Court reaffirmed that the principle of first registration does not protect unlawfully acquired property, as provided under Article 40(6) of the Constitution,” the EACC said.
Justice Mwangi also held former Commissioners of Lands Wilson Gacanja and James Raymond Njenga personally liable for their illegal and ultra vires actions.
EACC described the ruling as a major victory for the protection of public land.
“The recovered parcel, reserved partly as forest land and partly as institutional land, now reverts to the public and remains public property,” EACC CEO Abdi Mohamud said on Tuesday.
Illegally acquired properties
He added that the commission has intensified efforts to recover illegally acquired properties, filing 80 suits in the past year to reclaim assets worth about Sh4.8 billion.
Some of the recent recoveries include a Sh30 million road reserve in Nyali, Mombasa, earmarked for the expansion of Links Road, and a Sh35 million parcel belonging to the State Department for Housing and Urban Development, near Bungoma State Lodge.
A public auction of six prime properties recovered from former Migori Governor Okoth Obado and former Nairobi County Treasury head Stephen Osiro raised Sh75.4 million, with more assets belonging to the two set for auction.
Additionally, public land valued at Sh50 million, located within the Kenya Railways Light House Kizingo Estate in Mombasa County and belonging to the Kenya Railways Corporation, has also been recovered.
“The Ethics and Anti-Corruption Commission reaffirms its commitment to recovering corruptly acquired public property and ensuring that such assets are restored for the benefit of all Kenyans,” Mohamud added.
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