The Ethics and Anti-Corruption Commission (EACC) has launched a process to reclaim a five-acre piece of land in Karen, Nairobi meant for sewer treatment that was alleged grabbed by private developers.
The commission is investigating transfer of the property to Davjon Group Limited which alleges that it executed a lease in October 2, 2013 with Nairobi County for a term of 99 years from January 1, 1969.
EACC say the City Council of Nairobi was not in existence when the instruments of transfer were allegedly executed between the council and Davjon Group Ltd as county governments had come into operation through the operationalization of the new constitution.
The instruments of transfer were executed by the mayor and town clerk and on November 19, 2013 the lease to Davjon Group was registered for a term of 99 years.
The company is further suspected of orchestrating the fraudulent scheme in collaboration with senior officials from the county government and ministry of lands, who are currently under investigation.
According to EACC the land was surveyed and approved in 1966 and in 1969 it was allocated to Nairobi city council for sewerage work and staff housing for 99 years.
In 1970 a grant for the suit property was registered in the name of Nairobi City Council.
However, the acting town clerk of the council wrote to the commissioner of lands in 2000 requesting to change the land from sewer work to residential cum commercial, which was approved and granted in conditions that they surrender the existing title in exchange for new one.
In 2013, the suit property was transferred through an instrument of transfer between the city council of Nairobi and Davjon Group and lease endorsed the same year for a term of 99 years from January 1, 1969 after the property was registered in the name of the city council of Nairobi.
“In its investigations, the commission seeks to establish the alleged fraud in the transfer of the parcel of land to Davjon with a view to averting the loss of public funds being proposed sh1.28 billion in illegal compensation sought by the private developer,” says EACC.
Davjon now wants compensation of up to Sh1.28 billion for compulsory acquisition of the property, damages for incidental cost incurred on preparation and registration of the lease together with interest and cost incurred on the improvement of the suit property.
David Muriuki and Jonathan Maingi, Davjon Group directors in the suit filed in 2023 against Nairobi County, Nairobi city water and Sewerage Company and chief land registrar before the environment and land court say the National Land Commission (NLC) in August 25, 2015 upheld their tittle to the suit property.
This is after the Nairobi city Water and Sewerage Company lodged a complaint before the NLC against the company seeking a review of the legality and/or the propriety of the suit property on the basis that it had been illegally and/or fraudulently appropriated.
The company says Nairobi County through its agent Nairobi City Water and Sewerage has failed to honor the stipulations of the lease agreement by “frustrating its quiet possession and beneficial use of the property’’ given that they had already developed on the property.
Furthermore, they accuse Nairobi County of frustrating their quiet possession of the property since the execution of the lease agreement as they have been denied access at will by Nairobi Water and Sewerage having agency authority from the governor.
‘’To date, the 2nd defendant continues to treat the suit property as a sewerage plant despite decommissioning of such user and in spite of the determination of the interested party that the plaintiff has legally sanctioned interest on the suit property.’’
Davjon wants the court to declare that the legal interest in the property vests in it as per the determination by the NLC.
‘’A permanent injunction restraining the defendants by themselves, or by their agents and servants from entering upon, remaining on or continuing in occupation of and/or otherwise dealing with or in any way whatsoever interfering with the plaintiff’s access to use of and quiet possession of the suit property,” reads the court documents.
It also wants the defendants ordered to remove and demolish all the dwelling structures erected on part of the property.
“Payment of mense profits/damages for trespass from the year 2014 to date.”
The said frustrations, the company says, led to ‘’loss of legitimate commercial returns as anticipated in its bid to develop the suit property by way of mixed development compromising of a hotel and residential platforms which would have it realize the sum of Sh573,738,000 as at the year closing 2023 given that it had already secured investors upon completion of an architectural designs in the year 2015 to which occupancy was to commence in the year 2018.’’
Nairobi Governor Johnson Sakaja on June 7 also issued a stern warning to land grabbers in Nairobi.
He said he is jointly working with EACC to reclaim the five-acre land in Karen meant for sewer treatment that was allegedly grabbed and subdivided.
Sakaja announced that the county has reclaimed over 700 pieces of land so far, with many targeted for recovery.
Additionally, he revealed that land rates defaulters owe the county nearly Sh1 trillion saying he has issued notices to the defaulters, warning that their properties will be auctioned if they fail to settle their dues.
Among the reclaimed properties is Mutuini market, where a new market and bus terminal are being constructed.
The Sh244 million market is expected to be completed by August, thanks to the comminity’s efforts in championing the land’s recovery.
