EACC moves to recover Sh250 million public land in Kahawa Sukari
The land, Ruiru/Kiu Block 3/1372, measuring approximately 3.977 hectares (nine acres), was originally set aside for the construction of a secondary school within the Kahawa Sukari Residential Scheme.
The Ethics and Anti-Corruption Commission (EACC) has launched a fresh bid to recover grabbed public land, this time targeting a nine-acre prime parcel initially earmarked for educational use but later irregularly converted into private residential property.
The land, Ruiru/Kiu Block 3/1372, measuring approximately 3.977 hectares (nine acres), was originally set aside for the construction of a secondary school within the Kahawa Sukari Residential Scheme.
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In suit papers filed at the Thika Environment and Lands Court, the commission states that the parcel was carved out from the subdivision of Land Reference No. 10901/20, owned and developed by Kahawa Sukari Limited.
As a condition for approving the residential development, the government, through the Commissioner of Lands, required the developer to allocate specific parcels for public use, including schools. Ruiru/Kiu Block 3/1372 was among those designated for a secondary school.
Approval for the school’s development was granted on the condition that construction would begin within 24 months of the lease issuance.
However, Kahawa Sukari Limited sold the land to James Mwangi Wagura and Lucy Waruguru Wagura in 2005, before meeting the development requirements.
According to the commission, the sale violated lease terms, which stipulated that failure to develop the school or alter the land use would trigger automatic reversion of the property to the government.
“In 2015, the new owners applied to the County Government of Kiambu for a change of use from educational to residential. The application was irregularly approved by the then Director of Physical Planning, resulting in the subdivision of the nine-acre parcel into 37 residential plots (Ruiru/Kiu Block 3/3704–3729). Certificates of lease for the new plots were issued to Mwangi Wagura and Lucy Waruguru Wagura,” the commission adds.
EACC now seeks to recover the land, valued at Sh250 million in 2019, arguing that its sale and conversion were irregular and unlawful, given its original designation as public land for education.
The commission is also asking the court to cancel and nullify all titles issued following the subdivision.
Last week, Lady Justice Jane Onyango issued a temporary injunction barring the defendants, Kahawa Sukari Ltd, James Mwangi Wagura, and Lucy Waruguru Wagura, from selling, transferring, mortgaging, developing, or otherwise dealing with the land pending the hearing and determination of the EACC suit.
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