Justice Munyao Sila of the High Court has ordered the reinstatement of government land that was grabbed by a sycophant politician during the Kanu regime.
In a ruling made on Thursday, Justice Munyao Sila found that there was evidence that the land was illegally acquired and leased to Kenny Mohammed Sheikh Ali (deceased) who was a ‘bootlicking’ President Daniel Moi.
Ethics and Anti-Corruption CommissioN (EACC), in a statement said that the evidence revealed that on September 14 1994, Sheikh Ali directed the Commissioner of Lands to allocate him a plot of land number MN/III/293 because he had done a lot of work for KANU.
The land that Sheikh Ali demanded and acquired belonged to the Kenya Revenue Authority (KRA) where he used one Wilson Gacanja who ensured that he was issued a letter of allotment.
He then sold his interest in the land to one Francis Wahome even before being issued with the title deed which was later processed by Wahome.
After acquiring the property, the phony Wahome also transferred it to a suspicious company, Frann Investments.
Investigations revealed the firm was actually registered under his name, his wife and three sons.
Wahome again used the company name to build a five storey building with ten flats in a section of the land.
Justice Sila in his ruling stated that Gacanja had no authority in law to make the alienation and was therefore in breach of his fiduciary duty to the state.
He ordered Gacanja to pay Sh1 million for breach of fiduciary duty as the costs of the suit will also be handled by the defendants Jointly and severally.
