Post by jakaswanga on Aug 11, 2018 14:27:56 GMT 3
Swazuri, Mbagaya to face probe over acquired wealth
NLC chairman, deputy face lifestyle audit after payouts of railway land
Mercy Mwai July 5, 2018
National Land Commission (NLC) chairperson Muhammad Swazuri and his deputy Abigael Mbagaya are set to face the anti-graft body over the wealth they have gained since becoming State officers.
The move comes after National Assembly speaker Justin Muturi who chairs the Powers and Privileges committee forwarded to the Ethics and Anti-Corruption Commission (EACC) the wealth declaration forms the two had signed in 2013 before taking office.
NLC chairman, deputy face lifestyle audit after payouts of railway land
Mercy Mwai July 5, 2018
National Land Commission (NLC) chairperson Muhammad Swazuri and his deputy Abigael Mbagaya are set to face the anti-graft body over the wealth they have gained since becoming State officers.
The move comes after National Assembly speaker Justin Muturi who chairs the Powers and Privileges committee forwarded to the Ethics and Anti-Corruption Commission (EACC) the wealth declaration forms the two had signed in 2013 before taking office.
BUT ONLY LAST WEEK
Our Hero gave a most heroic press conference about the kind of people who resign!
NLC boss Swazuri explains Ruaraka land row
Wednesday July 25 2018
National Land Commission Chairman Muhammad Swazuri speaks to the media at his Nairobi office concerning the Ruaraka land row, on July 25, 2018. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
In Summary
Mr Mburu, his two sons and businessman John Mutwiri were interrogated by the EACC pertaining the issue.
Mr Mburu said he will sue the Nairobi County government for Sh30 billion over the dispute.
The National Land Commission Chairman Muhammad Swazuri has maintained that the controversial Ruaraka land is private.
Mr Swazuri said the owner, Afrison Export Import Limited, has been complaining about illegal intrusion for more than 30 years, and there is no Deed of Surrender to indicate that the land was handed over to the government.
He alleged there is a ploy by the media and a section of government officials to push him and fellow commissioners to resign.
"Only cowards resign because of intimidation. We are here to stay and help President [Uhuru] Kenyatta realize his four agendas," he said.
PUBLIC SCHOOLS
Prof Swazuri reiterated that the commission was first aware of the matter in July 2015 when Afrison Limited sought its intervention.
"The gist of the complaint was that its property had been illegally occupied, which occupation he contested for over 30 years without much help or success," the Chairman said.
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The NLC, he said, pursued the matter with the ministries of Education and Lands, the Office of the Government Adviser, the Attorney General and others, to confirm the claims.
"The Ministry of Education Cabinet secretary wrote to the NLC on March 17, 2018 acknowledging the complaint and confirming that indeed there were public schools built on the private land.
"The CS then formally requested the commission to guide it in the requisite formal process and secure public interest by acquiring the land on which the schools stand," Prof Swazuri said.
WITCH-HUNT
The Attorney General too, he said, wrote an advisory opinion to the Ministry of Education on July 7, 2017 confirming the public interest of the schools and the need for compulsory acquisition since the facilities are on private land.
"If all these have done their investigations in the past and confirmed in writing that the Land is indeed private land, why is it then that we have these confrontations? This is pure witch-hunt and it is very unfair to the commission," he said.
He also said that records at the Ministry of Lands and Physical Planning indicated that on March 28, 1984 the registered owner objected the conditional approval of the subdivision by the Nairobi City Council.
"If a subdivision is approved and all conditions are accepted by the applicant, requisite approval fees are applicable and a new survey is undertaken.
"Planning requirements form part of the conditions and may require that the applicant surrenders a specific part of the land (10pc) for public utilities and purposes," he said, adding that upon sublission a Deed of Surrender must be prepared and put on record.
LAWSUIT
A letter by Afrison Director Francis Mburu on November 16, 2016 titled "Historical injustices partial occupation of private property by the Ministries of Education and Interior", requested the commission to compensate the companies for the illegal occupation by Ruaraka Secondary School (13 acres) and a chief’s camp (4 acres)
.
Last week, Mr Mburu, his two sons and businessman John Mutwiri were arrested and interrogated by the Ethics and Anti-Corruption Commission pertaining the issue.
Mr Mburu later said he will sue the Nairobi County government over the dispute and also present the matter before the Dubai International Court.
Mr Mburu, 65, accused Nairobi Governor Mike Sonko of deceiving Kenyans and the government, saying that Mr Sonko and other individuals had illegally allocated over 800 plots that are on his property.
"My companies Afrison Imports Limited and Huelands Limited has never surrendered the land. That land is my property since 1981.
"I now want Sh30 billion from the Nairobi County government because they took the property and they have built highrise buildings on my property; and now they are talking about surrender," he said.
DONATION
The businessman said the government had allocated over 13 acres of land to the public and then claimed that it was surrendered.
"I have never surrendered any land. My companies have never surrendered any land and on this one, I am going to win," he added.
He said the land is a freehold property.
"This land is not on the 99 years government allocation. I am coming out with Sh25 billion and of course if they want me to refund Sh1.5 billion, I will."
Moreover, he said he had paid all the land rates and shown goodwill by donating 13 acres to the public yet the law requires that he gives only 10 per cent of the entire acres, 9.6 acres.
VICTIMISATION
Mr Mburu told the media outside EACC offices at Integrity Centre that he acquired the land through hard work when he was 30 years old.
He also said the government is creating a publicity stunt to victimise him.
The NLC paid Sh1.5 billion to Whispering Palms Estate's Barclays Bank account, which in turn paid Champions Kenya Limited owned by Mr Mutwiri Sh930 million.
Within three days, Champions Kenya Limited had paid Sh649 million to 16 entities, among them insurance companies, law firms, logistics companies and a forex bureau.
But Mr Mburu claimed that all the companies paid the money belong to him: "Those are my companies. I have over 50 companies. They blocked my funds after that and I could not withdraw any money."
BANK ACCOUNTS FROZEN
The EACC sources said about 30 people among them lawyers, bankers, government officials and family members of those involved in the dubious sale of public land in Ruaraka are being investigated over their role in the Sh1.5 billion saga.
The commission and the Asset Recovery Agency, it is said, have seized properties belonging to them.
It also revealed that their bank accounts were frozen as investigations continue.
Investigators are seeking to establish whether Afrison and Huelands Ltd, National Treasury and Ministry of Education officials colluded to defraud taxpayers.
Governor Sonko told a Senate committee that the land belongs to the public.
If this is true then it means the government - through the NLC - bought its own land.
Wednesday July 25 2018
National Land Commission Chairman Muhammad Swazuri speaks to the media at his Nairobi office concerning the Ruaraka land row, on July 25, 2018. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
In Summary
Mr Mburu, his two sons and businessman John Mutwiri were interrogated by the EACC pertaining the issue.
Mr Mburu said he will sue the Nairobi County government for Sh30 billion over the dispute.
The National Land Commission Chairman Muhammad Swazuri has maintained that the controversial Ruaraka land is private.
Mr Swazuri said the owner, Afrison Export Import Limited, has been complaining about illegal intrusion for more than 30 years, and there is no Deed of Surrender to indicate that the land was handed over to the government.
He alleged there is a ploy by the media and a section of government officials to push him and fellow commissioners to resign.
"Only cowards resign because of intimidation. We are here to stay and help President [Uhuru] Kenyatta realize his four agendas," he said.
PUBLIC SCHOOLS
Prof Swazuri reiterated that the commission was first aware of the matter in July 2015 when Afrison Limited sought its intervention.
"The gist of the complaint was that its property had been illegally occupied, which occupation he contested for over 30 years without much help or success," the Chairman said.
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Scandal of the jinxed land in Ruaraka
The NLC, he said, pursued the matter with the ministries of Education and Lands, the Office of the Government Adviser, the Attorney General and others, to confirm the claims.
"The Ministry of Education Cabinet secretary wrote to the NLC on March 17, 2018 acknowledging the complaint and confirming that indeed there were public schools built on the private land.
"The CS then formally requested the commission to guide it in the requisite formal process and secure public interest by acquiring the land on which the schools stand," Prof Swazuri said.
WITCH-HUNT
The Attorney General too, he said, wrote an advisory opinion to the Ministry of Education on July 7, 2017 confirming the public interest of the schools and the need for compulsory acquisition since the facilities are on private land.
"If all these have done their investigations in the past and confirmed in writing that the Land is indeed private land, why is it then that we have these confrontations? This is pure witch-hunt and it is very unfair to the commission," he said.
He also said that records at the Ministry of Lands and Physical Planning indicated that on March 28, 1984 the registered owner objected the conditional approval of the subdivision by the Nairobi City Council.
"If a subdivision is approved and all conditions are accepted by the applicant, requisite approval fees are applicable and a new survey is undertaken.
"Planning requirements form part of the conditions and may require that the applicant surrenders a specific part of the land (10pc) for public utilities and purposes," he said, adding that upon sublission a Deed of Surrender must be prepared and put on record.
LAWSUIT
A letter by Afrison Director Francis Mburu on November 16, 2016 titled "Historical injustices partial occupation of private property by the Ministries of Education and Interior", requested the commission to compensate the companies for the illegal occupation by Ruaraka Secondary School (13 acres) and a chief’s camp (4 acres)
.
Last week, Mr Mburu, his two sons and businessman John Mutwiri were arrested and interrogated by the Ethics and Anti-Corruption Commission pertaining the issue.
Mr Mburu later said he will sue the Nairobi County government over the dispute and also present the matter before the Dubai International Court.
Mr Mburu, 65, accused Nairobi Governor Mike Sonko of deceiving Kenyans and the government, saying that Mr Sonko and other individuals had illegally allocated over 800 plots that are on his property.
"My companies Afrison Imports Limited and Huelands Limited has never surrendered the land. That land is my property since 1981.
"I now want Sh30 billion from the Nairobi County government because they took the property and they have built highrise buildings on my property; and now they are talking about surrender," he said.
DONATION
The businessman said the government had allocated over 13 acres of land to the public and then claimed that it was surrendered.
"I have never surrendered any land. My companies have never surrendered any land and on this one, I am going to win," he added.
He said the land is a freehold property.
"This land is not on the 99 years government allocation. I am coming out with Sh25 billion and of course if they want me to refund Sh1.5 billion, I will."
Moreover, he said he had paid all the land rates and shown goodwill by donating 13 acres to the public yet the law requires that he gives only 10 per cent of the entire acres, 9.6 acres.
VICTIMISATION
Mr Mburu told the media outside EACC offices at Integrity Centre that he acquired the land through hard work when he was 30 years old.
He also said the government is creating a publicity stunt to victimise him.
The NLC paid Sh1.5 billion to Whispering Palms Estate's Barclays Bank account, which in turn paid Champions Kenya Limited owned by Mr Mutwiri Sh930 million.
Within three days, Champions Kenya Limited had paid Sh649 million to 16 entities, among them insurance companies, law firms, logistics companies and a forex bureau.
But Mr Mburu claimed that all the companies paid the money belong to him: "Those are my companies. I have over 50 companies. They blocked my funds after that and I could not withdraw any money."
BANK ACCOUNTS FROZEN
The EACC sources said about 30 people among them lawyers, bankers, government officials and family members of those involved in the dubious sale of public land in Ruaraka are being investigated over their role in the Sh1.5 billion saga.
The commission and the Asset Recovery Agency, it is said, have seized properties belonging to them.
It also revealed that their bank accounts were frozen as investigations continue.
Investigators are seeking to establish whether Afrison and Huelands Ltd, National Treasury and Ministry of Education officials colluded to defraud taxpayers.
Governor Sonko told a Senate committee that the land belongs to the public.
If this is true then it means the government - through the NLC - bought its own land.
Who is Arthur Magugu!? here is a preview
Moi and his finance minister.
Intrigues and paradox of ex-MP Magugu family’s fight over former Joreth Ltd land
Sunday July 22 2018
SUBDIVIDED
Two years ago, this week, Kenyans were treated to a scandal over a chunk of Joreth land in Muthaiga North which President Moi had apparently sold twice; first to a private developer, DPS International - who later sold it to USIU- and to US-based Dr George Kiongera’s Maestro Connections Health Systems Ltd.
Source: Nation
Retired President Daniel arap Moi appears to have sold a piece of land in a posh Nairobi suburb to two different buyers, according to records provided by United States International University-Africa.
He first transferred the property in Muthaiga North estate to DPS International Limited on November 10, 1988, while he was still President.
Last year, he reported the title deed was lost and the land file was missing. He applied for and was issued with a fresh title deed. Three weeks ago, he used the fresh title deed to sell the land to a developer for Sh500 million.
His application for the land file to be reconstructed was announced by Nairobi Land Registrar W. M. Muigai in Kenya Gazette Notice No. 236 of January 16, 2015.
USIU-A is accusing Dr George Kiongera of grabbing its land.
Sunday July 22 2018
SUBDIVIDED
Two years ago, this week, Kenyans were treated to a scandal over a chunk of Joreth land in Muthaiga North which President Moi had apparently sold twice; first to a private developer, DPS International - who later sold it to USIU- and to US-based Dr George Kiongera’s Maestro Connections Health Systems Ltd.
Source: Nation
Retired President Daniel arap Moi appears to have sold a piece of land in a posh Nairobi suburb to two different buyers, according to records provided by United States International University-Africa.
He first transferred the property in Muthaiga North estate to DPS International Limited on November 10, 1988, while he was still President.
Last year, he reported the title deed was lost and the land file was missing. He applied for and was issued with a fresh title deed. Three weeks ago, he used the fresh title deed to sell the land to a developer for Sh500 million.
His application for the land file to be reconstructed was announced by Nairobi Land Registrar W. M. Muigai in Kenya Gazette Notice No. 236 of January 16, 2015.
USIU-A is accusing Dr George Kiongera of grabbing its land.
Man wants trader probed over prime city land
Monday April 2 2018
By DAVID MWERE
A petitioner wants MPs to investigate how an individual was allegedly paid billions of taxpayers’ money by the government for acquisition of pieces of land he did not own.
Mr Dominic Kitheka wants the Lands Committee of the National Assembly to investigate how Mr Francis Mburu has continued to benefit from the 96- acre land in Ruaraka, Nairobi, whose title LR No.7879/4 he allegedly used to secure a loan from Continental Credit Finance Limited but never paid.
Although he did not reveal the figure, Mr Kitheka alleges that Mr Mburu used his two companies; Afrison Export and Import Limited and Huelands Limited to acquire the loan in 1981 and that because the loan remains unpaid, he ceased to be the bona fide owner of the land.
“The committee investigates the history surrounding the title LR No. 7879/4, its original ownership, to whom it has been transferred and what became of it after it was used to secure the loan,” the petition reads.
BALANCE
Mr Mburu is allegedly the director of the two companies that are also at the centre of Sh3.3 billion in compensation from Ministry of Education for the same parcel of land LR No. 7879/4 on which now stands Ruaraka High School and Drive- In Primary School.
In the January 16, 2018 letter addressed to the Principal Secretary Ministry of Education Dr Belio Kipsang, National Land Commission (NLC) confirms that Sh1.5 billion has been paid to the commission’s bank account for onward transmission to the two companies.
This is according to a document NLC submitted in the National Assembly on March 29, 2018.
The balance of Sh1.8 billion is expected to be settled once the National Assembly approves the Supplementary Budget II, which was adopted by the Cabinet last week.
The two schools are located on the 96 acre- land. The latest acquisition is a subject of the parliamentary investigations.
LEGAL PAYMENT
NLC chairman Muhammad Swazuri defended the payment when he appeared before the Lands committee last week alongside chief executive Tom Chavangi and director of Valuation and Taxation Ms Salome Munubi.
“The commission wishes to state that the payment was done in conformity with the laid procedure of land acquisition,” Dr Swazuri said.
Mr Kitheka gives details of how despite Mr Mburu’s alleged failure to clear his loan, using his two companies, “strangely and fraudulently”, sold the entire 96 acres of land to the defunct Kenya Post and Telecommunications Corporation on June 28, 1983.
“On diverse unknown dates, the two companies once again fraudulently hived off from the same parcel of land some 37.4 acres and later claimed for compensation from the government,” Mr Kitheka’s petition reads.
FRAUD
He claims that the 37.4 acres is where the current headquarters of the General Service Unit (GSU) of the National Police is located.
The petitioner further alleges that on February 12, 2012, a high court consent judgment was entered fraudulently without disclosure of material facts by all parties in favour of the two companies for Sh4.1 billion as the fair value for the 37.4 acres.
The petition claims that the government valuer was never involved in the valuation of the land.
Mr Kitheka claims that negotiations involving the Office of the President and that of the Attorney-General saw the judgement figure reduced to Sh2.4 billion.
Monday April 2 2018
By DAVID MWERE
A petitioner wants MPs to investigate how an individual was allegedly paid billions of taxpayers’ money by the government for acquisition of pieces of land he did not own.
Mr Dominic Kitheka wants the Lands Committee of the National Assembly to investigate how Mr Francis Mburu has continued to benefit from the 96- acre land in Ruaraka, Nairobi, whose title LR No.7879/4 he allegedly used to secure a loan from Continental Credit Finance Limited but never paid.
Although he did not reveal the figure, Mr Kitheka alleges that Mr Mburu used his two companies; Afrison Export and Import Limited and Huelands Limited to acquire the loan in 1981 and that because the loan remains unpaid, he ceased to be the bona fide owner of the land.
“The committee investigates the history surrounding the title LR No. 7879/4, its original ownership, to whom it has been transferred and what became of it after it was used to secure the loan,” the petition reads.
BALANCE
Mr Mburu is allegedly the director of the two companies that are also at the centre of Sh3.3 billion in compensation from Ministry of Education for the same parcel of land LR No. 7879/4 on which now stands Ruaraka High School and Drive- In Primary School.
In the January 16, 2018 letter addressed to the Principal Secretary Ministry of Education Dr Belio Kipsang, National Land Commission (NLC) confirms that Sh1.5 billion has been paid to the commission’s bank account for onward transmission to the two companies.
This is according to a document NLC submitted in the National Assembly on March 29, 2018.
The balance of Sh1.8 billion is expected to be settled once the National Assembly approves the Supplementary Budget II, which was adopted by the Cabinet last week.
The two schools are located on the 96 acre- land. The latest acquisition is a subject of the parliamentary investigations.
LEGAL PAYMENT
NLC chairman Muhammad Swazuri defended the payment when he appeared before the Lands committee last week alongside chief executive Tom Chavangi and director of Valuation and Taxation Ms Salome Munubi.
“The commission wishes to state that the payment was done in conformity with the laid procedure of land acquisition,” Dr Swazuri said.
Mr Kitheka gives details of how despite Mr Mburu’s alleged failure to clear his loan, using his two companies, “strangely and fraudulently”, sold the entire 96 acres of land to the defunct Kenya Post and Telecommunications Corporation on June 28, 1983.
“On diverse unknown dates, the two companies once again fraudulently hived off from the same parcel of land some 37.4 acres and later claimed for compensation from the government,” Mr Kitheka’s petition reads.
FRAUD
He claims that the 37.4 acres is where the current headquarters of the General Service Unit (GSU) of the National Police is located.
The petitioner further alleges that on February 12, 2012, a high court consent judgment was entered fraudulently without disclosure of material facts by all parties in favour of the two companies for Sh4.1 billion as the fair value for the 37.4 acres.
The petition claims that the government valuer was never involved in the valuation of the land.
Mr Kitheka claims that negotiations involving the Office of the President and that of the Attorney-General saw the judgement figure reduced to Sh2.4 billion.
Give me Mwai Kibaki any day, he would say: these are goats, take them to any school, they remain goats!
I said scumbags, our JSC! how about the LSK!? the organisation of those who launder money pick-pocketed from Wanjiku!? And parliamentary committees!? pus within a boil on Wanjiku's body!?
But we proceed on Land.
How Ruaraka land saga began with dream to build houses
By Moses Michira | Published Wed, August 1st 2018
www.standardmedia.co.ke/article/2001290226/how-ruaraka-land-saga-began-with-dream-to-build-houses
Afrison Import and Export Limited Managing Director Francis Mburu when he appeared before the Senate County Public Accounts and Investments Committee (CPAIC) at parliament on the disputed Ruaraka Land. [Boniface Okendo/Standard]
The Ruaraka parcel is part of a prime chunk of land in a puzzling dispute that now spans close to four decades. It is a story that dates back 37 years to November 6, 1981, the day businessman Francis Mburu registered Huelands Limited with an eye on acquisition prime real estate.
ALSO READ: Blame game rocks Uhuru cabinet over sugar, land sagas
He planned to build hundreds of houses for the now defunct Kenya Posts and Telecommunications Corporation (KPTC) - then one of the country's biggest parastatals. Two weeks later, he incorporated yet another firm - Afrison Export and Import Limited - which would own half of the 96 acres he would buy from Israeli-owned Joreth Limited.
One month later, on December 29, Mr Mburu, through his two firms, acquired the land registered as 7879/4. Consideration for the property was Sh14 million, a princely sum even now.
The next day, Afrison Export and Import Limited was granted a six-month mortgage worth Sh21 million by Continental Credit Finance Limited to fund the construction of 600 government houses.
There are no publicly available records on whether the mortgage provided by the credit firm, which later collapsed, was repaid. The proposed houses were also never completed, meaning the borrowed funds could well have been spent to pay for the land and make a handsome profit for the owner.
After the project stalled, KPTC, then headed by Kipng’eno arap Ngeny, entered into another mortgage arrangement worth Sh165 million.
ALSO READ: Sonko: Sh3.2 billion Ruaraka land is public property
It is worth noting that the parcel had never been subdivided formally and records at the national survey offices confirm this. Informal subdivisions .
There have, however, been informal subdivisions carried out by the defunct City Council of Nairobi, whose then senior officials are among the beneficiaries, having put up huge commercial and residential properties.
While the land still legally belongs to Mburu’s two firms because no transfers have happened, KPTC’s mortgage that was secured against the land meant the ownership would have changed hands.
There are records to indicate that the State Corporation serviced the mortgage for a while before it ran into headwinds. Some 198 houses had been completed before it went broke, homes that would be bought by the police department for its General Service Unit (GSU) personnel.
The GSU later fenced off another 19.5-acre tract around the houses as a buffer zone. Mburu has argued that the GSU encroached on his land as the basis for his demand for Sh141 billion from the State
By Moses Michira | Published Wed, August 1st 2018
www.standardmedia.co.ke/article/2001290226/how-ruaraka-land-saga-began-with-dream-to-build-houses
Afrison Import and Export Limited Managing Director Francis Mburu when he appeared before the Senate County Public Accounts and Investments Committee (CPAIC) at parliament on the disputed Ruaraka Land. [Boniface Okendo/Standard]
The Ruaraka parcel is part of a prime chunk of land in a puzzling dispute that now spans close to four decades. It is a story that dates back 37 years to November 6, 1981, the day businessman Francis Mburu registered Huelands Limited with an eye on acquisition prime real estate.
ALSO READ: Blame game rocks Uhuru cabinet over sugar, land sagas
He planned to build hundreds of houses for the now defunct Kenya Posts and Telecommunications Corporation (KPTC) - then one of the country's biggest parastatals. Two weeks later, he incorporated yet another firm - Afrison Export and Import Limited - which would own half of the 96 acres he would buy from Israeli-owned Joreth Limited.
One month later, on December 29, Mr Mburu, through his two firms, acquired the land registered as 7879/4. Consideration for the property was Sh14 million, a princely sum even now.
The next day, Afrison Export and Import Limited was granted a six-month mortgage worth Sh21 million by Continental Credit Finance Limited to fund the construction of 600 government houses.
There are no publicly available records on whether the mortgage provided by the credit firm, which later collapsed, was repaid. The proposed houses were also never completed, meaning the borrowed funds could well have been spent to pay for the land and make a handsome profit for the owner.
After the project stalled, KPTC, then headed by Kipng’eno arap Ngeny, entered into another mortgage arrangement worth Sh165 million.
ALSO READ: Sonko: Sh3.2 billion Ruaraka land is public property
It is worth noting that the parcel had never been subdivided formally and records at the national survey offices confirm this. Informal subdivisions .
There have, however, been informal subdivisions carried out by the defunct City Council of Nairobi, whose then senior officials are among the beneficiaries, having put up huge commercial and residential properties.
While the land still legally belongs to Mburu’s two firms because no transfers have happened, KPTC’s mortgage that was secured against the land meant the ownership would have changed hands.
There are records to indicate that the State Corporation serviced the mortgage for a while before it ran into headwinds. Some 198 houses had been completed before it went broke, homes that would be bought by the police department for its General Service Unit (GSU) personnel.
The GSU later fenced off another 19.5-acre tract around the houses as a buffer zone. Mburu has argued that the GSU encroached on his land as the basis for his demand for Sh141 billion from the State
RUARAKA IT STILL IS, NOT EVEN LANG'ATA!
Ruaraka land was acquired illegally, Amina says
Tuesday July 24 2018
By DAVID MWERE
Education Cabinet Secretary Amina Mohamed has added a twist to the acquisition of the Sh3.3 billion Ruaraka land by the government, saying the law was not followed.
Ms Mohamed, who appeared before the Senate Committee on County Public Accounts and Investments, said the area Ruaraka High and Drive-in schools stand is a public surrender land.
"If anything is brought to my desk, I will determine if we are getting value for money. At the very least, I will budget for it before carrying out any transaction. Things should have been done differently," the minister said on Tuesday.
The government has already paid Sh1.5 billion for the land, whose size is also debatable.
Ms Mohamed said it is 13.5 acres while the National Land Commission insists on 13.7.
She told the committee chaired by Homa Bay Senator Moses Kajwang that the commission initiated the process of acquisition in 2017, effectively shifting blame from her ministry.
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SH1.5 BILLION
Sh1.5 billion was wired to Whispering Palms Ltd on January 30 against the recommendation of a task force formed by the ministry.
The February 2 report recommended that the firm should not be compensated as the land was public. The company is owned by Mr Francis Mburu.
“The ministry has provided this committee with the report from our team because we believe it is true. The facts and recommendations are there," Ms Mohamed said.
The minister added that the recommendation by the five-member panel should have been implemented, an apparent indictment of her predecessor Fred Matiang’i, now Interior CS.
According to the task force, chaired by Nairobi Regional Education Coordinator John Ololtuaa, the land was surrendered for public use in accordance with the law.
Lands CS Faridah Karoney and Nairobi Governor Mike Sonko have also faced the Senate committee over the issue.
PIBLIC UTILITY
“Having been a surrendered portion for public utility, the panel's view is that the claimant has no basis for compensation,” part of the report reads.
The report advised the Education CS and NLC chairman Muhammad Swazuri to facilitate the processing of title deeds for the schools. It said doing so would cushion schools against grabbing.
The task force also urged Mr Paul Omondi, the official receiver and liquidator, to release the schools’ land documents.
Despite this, Ms Mohamed told the lawmakers that the ministry was yet to receive the title deeds.
The team was constituted after Dr Swazuri wrote to Dr Matiang’i on Aug 29, 2016, informing him of complaints by Afrison Export and Import Ltd and Huelands Ltd.
On March 17, Dr Matiang’i authorised the acquisition.
Tuesday July 24 2018
By DAVID MWERE
Education Cabinet Secretary Amina Mohamed has added a twist to the acquisition of the Sh3.3 billion Ruaraka land by the government, saying the law was not followed.
Ms Mohamed, who appeared before the Senate Committee on County Public Accounts and Investments, said the area Ruaraka High and Drive-in schools stand is a public surrender land.
"If anything is brought to my desk, I will determine if we are getting value for money. At the very least, I will budget for it before carrying out any transaction. Things should have been done differently," the minister said on Tuesday.
The government has already paid Sh1.5 billion for the land, whose size is also debatable.
Ms Mohamed said it is 13.5 acres while the National Land Commission insists on 13.7.
She told the committee chaired by Homa Bay Senator Moses Kajwang that the commission initiated the process of acquisition in 2017, effectively shifting blame from her ministry.
Related Content
Sh3.9bn debt puzzle in school land saga
Swazuri moves to court over acquisition of school land
Man wants trader probed over prime city land
Omtatah sues NLC for contempt
SH1.5 BILLION
Sh1.5 billion was wired to Whispering Palms Ltd on January 30 against the recommendation of a task force formed by the ministry.
The February 2 report recommended that the firm should not be compensated as the land was public. The company is owned by Mr Francis Mburu.
“The ministry has provided this committee with the report from our team because we believe it is true. The facts and recommendations are there," Ms Mohamed said.
The minister added that the recommendation by the five-member panel should have been implemented, an apparent indictment of her predecessor Fred Matiang’i, now Interior CS.
According to the task force, chaired by Nairobi Regional Education Coordinator John Ololtuaa, the land was surrendered for public use in accordance with the law.
Lands CS Faridah Karoney and Nairobi Governor Mike Sonko have also faced the Senate committee over the issue.
PIBLIC UTILITY
“Having been a surrendered portion for public utility, the panel's view is that the claimant has no basis for compensation,” part of the report reads.
The report advised the Education CS and NLC chairman Muhammad Swazuri to facilitate the processing of title deeds for the schools. It said doing so would cushion schools against grabbing.
The task force also urged Mr Paul Omondi, the official receiver and liquidator, to release the schools’ land documents.
Despite this, Ms Mohamed told the lawmakers that the ministry was yet to receive the title deeds.
The team was constituted after Dr Swazuri wrote to Dr Matiang’i on Aug 29, 2016, informing him of complaints by Afrison Export and Import Ltd and Huelands Ltd.
On March 17, Dr Matiang’i authorised the acquisition.
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