Communication and Digital Strategist Dennis Itumbi has taken to court Interior CS Fred Matiang’i over the Ksh1.5 billion land saga.
In a series of tweets, Itumbi said that Nairobi governor Mike Sonko has agreed to testify against Matiang’i in the case.
“Nairobi Governor Mike Sonko has agreed to be a witness against Fred Matiang’i in the Private Prosecution case that is now filed at the Anti-Corruption Court. He says records at City Hall show the land is Public Land. Interesting Fact, even after illegally paying for it, Title bado!” tweeted Itumbi.
Nairobi Governor @MikeSonko has agreed to be a witness against @FredMatiangi in the Private Prosecution case that is now filed at the Anti-Corruption Court. He says recors at City Hall show the land is Public Land. Interesting Fact, even after illegally paying for it, Title bado!
— -Dennis Itumbi, CBS (@OleItumbi) November 20, 2020
Itumbi accuses Matiang’i of overseeing a transaction that saw taxpayers lose Ksh1.5 billion to buy pieces of land for Drive-In Primary School and Ruaraka High School, that already belonged to the public.
“In the process of undertaking this noble project, the Kenyan taxpayers lost Ksh. 1,500,000,000 due to the 1st Respondent’s abuse of office, negligence, conspiracy and/or collusion” said Itumbi in court papers.
The pieces of land were sold by Afrison Export-Import Limited and Huelands Limited.
“I now Seek to charge him on four counts as per attached proposed Charge Sheet. If the Court allows the charge, he will take plea at The Anti-Corruption Court. The Matter is now before a Competent Court of Law and will therefore prosecute it there. Though in Public Interest, what must be shared will be shared,” Itumbi says in documents shared on Twitter.
He says that the CS ignored an advisory by a Quality and Standards team that told him not to pay for the land, but went ahead to pay.
“High Court has already ruled Ruaraka Land was Public Land and it was irregulary paid for by the Ministry under Matiangi,” adds Itumbi.
DENIS VS DR. FRED OKENGO MATIANG'I,
File number – MCACMISC/E022/2020
Filed.
The issues as attached.
The Proposed Charge Sheet attached.@FredMatiangi appointed a Quality & Standards team, that told him DO NOT PAY it is Public land. He ignored them…mtado? pic.twitter.com/eub3rOp2Xb
— -Dennis Itumbi, CBS (@OleItumbi) November 20, 2020
In June 2019 a High Court ruled that Matiang’i was not supposed to offer compensation to the two firms as the land belonged to the public.
Itumbi has also accused Ethics and Anti-Corruption Commission and the Office of the Director of Public Prosecution of failing in their duties to investigate and prosecute the matter.
In 2018, businessman Francis Mburu, was paid Ksh.1.5 billion by the Ministry of Education, through the National Land Commission, as compensation for the 13.5 acres parcel of land, on which the two schools are built.
In 2019, a three-bench jury ruled that the payment was erroneous, saying that the land was public and should not have been paid for.
“We therefore find that the compulsory acquisition of the land on which the two schools sit did not meet the threshold of public purpose and should not have been undertaken in the first place. One cannot purport to compulsorily acquire what is already public land,” ruled Benard Eboso, Elijah Obaga and Kossy Ber.
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