A court filing by the Ethics and Anti-Corruption Commission (EACC) has exposed the underhand backroom dealings that led to the grabbing of 1,136 acres of public land belonging to Egerton University by private developers.
The EACC has instituted proceedings at the Environment and Land Court in Nakuru to recover the land. Documents filed before Justice Lynette Omolo by the anti-graft agency shows that the parcel worth Sh1.6 billion was grabbed and allocated to Cantie Ha Limited, which later transferred the property to one Kipruto Kemboi.
EACC is also going after Chief Land Registrar, Cantie Ha Limited and Kemboi, for conspiring to fraudulently acquire the public land.
“The suit property is among several parcels of land within the area that were vested on Egerton University for its agricultural activities and research purposes. The land belonged to the Lord Egerton of Tatton, who gifted the Egerton Agricultural College (Predecessor of Egerton University) in 1960,” the suit reads in part.
The watchdog also told the court that the property is currently occupied by the embattled Egerton University but its title deed is possessed by Mr. Kemboi.
“Egerton University is apprehensive that he may subdivide the land and transfer it to another party in a manner likely to defeat efforts by the EACC to recover it,” EACC stated in court papers.
Investigations by EACC have revealed that the title deed was obtained illegally and fraudulently, before the land was transferred to Kemboi.
EACC further revealed that on November 20, 1961, Cantie Ha illegally occasioned a lease yet the land had been set aside for use as a public utility reserved for the Egerton Agricultural college.
Records from the Lands Ministry also indicate that on February 12, 1970, the land was illegally transferred from Cantie Ha to Kemboi.
EACC now wants the court to declare the allocation and registration of the land illegal, null and void and a temporary injunction issued, barring Kemboi and his workers from trespassing, alienating, selling, advertising for sale, transferring, wasting or leasing the land, pending hearing and determination of the matter.
It argues that any interference with university projects on the land will result to huge losses on the part of the government due to insufficient land for the university to conduct its research.
The Twalib Mbarak led commission also wants the court to compel the chief land registrar to rectify the registration by cancelling the title deeds for the land but Cantie Ha and Kemboi have maintained that they legally acquired the land and obtained its title deed.
The court set the matter as urgent and set its hearing for March 21.
