Politics and policy
Journalists are shown the hotel being built on alleged Mombasa State House land. PHOTO | FILE
By EUNICE MACHUHI, emachuhi@ke.nationmedia.com
In Summary
- Ethics and Anti-Corruption Commission (EACC) has charged the owners of Minalove Hotel with corruption, accusing them of illegally taking possession of State land.
- Minalove says in the affidavit that Peter Kiilu issued a letter of allotment to Edward Irungu the (initial buyer) in 1997 after he paid the standard premium, annual rent and other relevant charges amounting to Sh92,797.
- The plot is separated from State House Mombasa by a brick wall.
Former Coast Provincial Commissioner Peter Kiilu
approved the excision of State House land in Mombasa for allocation to
an individual.
The revelation is contained in an affidavit that a private
developer has filed in court in his defence against a suit filed by
anti-corruption watchdog EACC.
The Ethics and Anti-Corruption Commission (EACC)
has charged the owners of Minalove Hotel with corruption, accusing them
of illegally taking possession of State land.
Michael Muriithi, a director of Minalove, says in
the affidavit that Mr Kiilu issued a letter of allotment to Edward
Irungu the (initial buyer) in 1997 after he paid the standard premium,
annual rent and other relevant charges amounting to Sh92,797.
Mr Irungu was then granted a 99- year lease
commencing March 1, 1997 and which the Commissioner of Land later
executed by order of the President and in the presence of the land
registrar and the lessee.
A certificate (of lease) was issued on April 27, 1998.
Mr Muriithi says that Mr Irungu later transferred
the property to him on July 1, 1998 at a price of Sh8 million and had it
registered on the same day. A certificate of lease for the plot was
then issued on July 18, 2013. The plot is separated from State House
Mombasa by a brick wall.
EACC last month obtained a court order suspending any activities on the piece of land for a period of six months.
Justice Samuel Mukunya prohibited the developers,
their agents and servants from transferring, disposing of, wasting,
charging or dealing with the land situated in Kizingo for six months.
EACC was granted the order after it informed the
court that investigations had established that the property, LR No:
MI/XXVI/1010, had been grabbed.
The commission said it had been informed of
suspected corrupt conduct by the respondents in the alienation of the
land within the precincts of State House Mombasa, which is reserved for
public utility as government housing.
But Mr Muriithi, who is constructing a residential
building on the disputed parcel of land, wants the court to set aside or
stay the preservation orders he terms as irregular, to enable him
preserve and protect the property.
“The intended action of the applicant is in bad
faith and is calculated to defeat the rights and interests of the second
respondent as the bona fide owner of the property,” he says even as he
refutes allegations that he acquired the property illegally.
The developer says that he borrowed Sh10 million from Equity Bank, which was advanced to him following the registration and drawing of a legal charge in respect of the property.
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