The Ethics and Anti-Corruption Commission (EACC) is seeking to recover land on which the Nairobi Kadhi’s Court sits.
In court documents, the anti-graft commission says the piece of land was illegally allocated to a former MP by a former commissioner of lands.
“Although the Judiciary of Kenya has been in actual possession and in use of the Kadhi’s Court, the building is illegally owned by a private company that acquired it from a former Makueni MP. In effect, the Kadhi’s Court is operating from stolen property,” EACC said.
The land in question is located along Elgon Road, Upper Hill Area, Nairobi.
The commission is suing Eliud Maundu (former MP), Swanya Limited and its directors Victor Ogeto and Janet Ogeto.
Also being dragged to court is ex-Lands Commissioner Wilson Gachanja who is set to be charged with accounts of fraud, illegality, and acting beyond the precincts of his powers.
Court documents show that Mr Maundu acquired the land on March 10, 1994, he then transferred the property to Swanya Ltd.
The company used the title deed to secure an overdraft of Ksh.10,481,257.65 from a local bank.
The commission now wants the former commissioner of lands to pay general damages for fraud and violation of fiduciary duty.
EACC also wants the ownership of the Kadhi’s Court building to be returned to the judiciary and all of the transactions that led to its unlawful acquisition cancelled.
The matter will be heard on July 3.