The Ethics and Anti-Corruption Commission (EACC) is seeking to recover two parcels of grabbed public land valued at Sh1.3 billion in Naivasha.
According to court documents the commission is accusing former Commissioner of Lands Wilson Gachanja of illegally allocating the multi-billion shilling parcels of land to two private entities.
The entities are Pineapples Edge Limited and Trojan Nominees Limited.
The land was set aside by the Government for use as a Stock farm in Naivasha but ended up in the private hands, the commission argues.
The two parcels of land under Naivasha Municipality Block 5/289 which is 41.08 Ha is valued at Sh1.2 billion, while the second one under Block 5/291 which is 11.82 Ha is valued at Sh100 million
In the case against the two companies and former Commissioner of Lands Wilson Gachanja, EACC wants the court to declare that the allocation and transfer of the parcel of land to the two companies is illegal.
The commission also wants an order that the registration of the defendants as the owners of the land be canceled and a permanent injunction is issued against any transactions on the land except by way of surrender to the government.
The Commission commenced investigations into allegations of irregular alienation and acquisition of public land reserved for use as a quarantine farm and utilized by KALRO.
The land in question is registered to Trojan Nominees Limited.
Investigations revealed that the suit property is part of the Veterinary Department (Quarantine Farm) situated along Naivasha Mahi Mahiu road within Naivasha Municipality, which in total measures approximately 2578 acres reserved and set aside by the Government of Kenya for use as a Government Stock farm.
The investigation disclosed that Veterinary Department (Quarantine Farm) land remained unsurveyed until August 29 1984 when the then KARI Director instructed a licensed surveyor to survey the quarantine farm, and in his survey plan FR 270/13 identified four portions on the ground.
The Veterinary Department (Quarantine Farm) farm remained the property of Kenya Agricultural Research Institute (KARI) now KALRO until January 17, 1996, when it was irregularly surveyed vide survey plan FR 298/133 further subdividing the four portions identified in FR 270/13 above giving rise to six parcel numbers; 231 measuring 0.9 Ha, 285 measuring 86.27 Ha, 286 measurings 25.43 Ha, 289 measurings 41.08 Ha, 290 measuring 11.82 Ha and 291 measuring 11.82 Ha.
Subsequently, on June 13, 1996 Parcel Numbers 289 and 291 (the suit property herein) now known as Naivasha Municipality Block 5/289 and Naivasha Municipality Block 5/291 measuring 41.08 Ha and 11.820 Hectares respectively were irregularly allocated to one of the defendants, who was registered as the owner and a title issued in their favor.
The defendant thereafter transferred the suit property to the second defendant who remains the registered owner to date.
The allocation was made despite the said parcel of land being unavailable for allocation as it was already set aside and allocated for use by the Government for utilization by KALRO as Quarantine Farm.
The commission says while recovering stolen assets, it has established that in nearly all cases, the fraudulent acquisition was orchestrated through collusion between private persons and land officials.
For instance, former Commissioners of Land Sammy Mwaita and Wilson Gachanja are conspicuously featured in most Court Judgements nullifying title deeds to public land that were illegally issued to private persons.