The Ethics and Anti-Corruption Commission (EACC) recovered a Sh70 Million government house located in Nyali, Mombasa after Mombasa Environment and Land Court ruled in their favor.
The property, registered as MN/I/2396- house number HG143 Nyali Estate was constructed by the Government of Kenya through the East African Community and allocated to the Directorate of Civil Aviation to house its members of staff.
According to the anti-graft body, the land in question was illegally allocated in 2000 by former Commissioner of Lands Sammy Mwaita.
“Sometimes in the year 2000, the Defendants fraudulently and illegally used the Survey Plan and the Deed Plan prepared by the then East Africa Community and registered with the Director of Surveys to prepare and register a Grant in the name of the 1st Defendant,” the court said.
EACC sued the former Lands Commissioner and the two defendants in 2009.
Justice Lucas Leperes Naikuni ruled the house was illegally sold to Bernoft Limited, who later transferred to Equitronics Limited.
“The Court declared that the title to the land parcel Land NO.MN/I/2396- House Number HG143 Nyali was unlawfully issued to the 1st and 2nd Defendant and therefore null and void ab initio,” Justice Naikuni ruled.
The judge ordered the Land Registrar Mombasa to cancel and revoke the certificate of title issued to the 1st and 2nd
Defendants relating to Land NO.MN/I/2396- House Number HG143 and issue the certificate to Civil Aviation Authority.
Justice Naikuni ordered Mwaita to pay Sh5 million in damages for breaching public trust by dishing out public land to private persons.
The three defendants including Bernsoft Limited, Equitronics Limited, and Mwaita were ordered to jointly pay Sh30 million in general damages for denying the Government use of the property for a public benefit during the 22 years when the land was in illegal possession.
