Activists file contempt case against NLC over Sh1.5bn Ruaraka land compensation

National Lands Commission (NLC) Chair Muhammad Swazuri. FILE PHOTO | NMG 

By GALGALO BOCHA

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Summary

• Mr Okiya Omtatah and Nyakina Wycliffe Gisebe have sued the commission over the Sh1.5bn payment to Afrison Export Import Limited and Huelands Limited
• The payment is part of Sh3.3 billion compensation for 96 acres of land occupied by two public schools in Nairobi.

Two activists have filed a contempt of court proceedings against the National Land Commission (NLC) for paying Sh1.5 billion to two agencies against a court order.

Mr Okiya Omtatah and Nyakina Wycliffe Gisebe have sued Prof Muhammad Swazuri-led commission over the payment to Afrison Export Import Limited and Huelands Limited.

The payment is part of Sh3.3 billion compensation for 96 acres of land occupied by two public schools in Nairobi.

The petitioners state that the payment in respect to the land LR No 7879/4 was deliberately done by officials of the NLC against Justice Samson Okong’o’s order issued December 13, 2016, prohibiting the payment pending determination of their case.

They claimed the land agency made the payment after National Assembly Lands committee launched investigations into the two firms’ acquisition of the public property.

Mr Omtatah and Mr Giseba sued the two companies, Kenya Urban Roads Authority, NLC, CS Lands Housing and Urban Development and the Attorney-General over Ruaraka High School and Drive-In Primary School land compensation.

Continental Credit Finance Limited (in receivership), Official Receiver and Interim Liquidation, Telkom Kenya, Nairobi County and the Director of Public prosecutions were listed as interested parties.

They are seeking among other orders that the directors, chief executive officers and employees of the two firms and NLC be cited for contempt of the court and jailed for six months or more.

READ: Swazuri urges court to overturn contempt order

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Denied audience

Mr Omtatah and Mr Giseba are also praying to the court to deny the two private firms and NLC audience in the case pending before court unless they refund the public money.

The application also wants former Education Cabinet Secretary Fred Matiang'i and Principal Secretary Bellio Kipsang cited for contempt of court for allegedly colluding with Afrison Export Import Limited directors to initiate the process for the acquisition of the land.

Mr Omtatah and Mr Giseba also want Dr Matiang'i and Dr Kipsang found culpable for sending three letters dated February 7 and March 17 last year and January 15 this year to Dr Swazuri to facilitate the acquisition of the land.

The petitioners also accused Prof Swazuri for sending a reply to Dr Matiangi and Dr Kipsang to transfer Sh3.2 billion to Afrison Export Import Limited and Huelands Limited.

They also want Prof Swazuri indicted for sending a second letter dated January 25 this year to education ministry to transfer Sh1.5 billion to the Afrison Export Import Limited bank account.

Culpability

Mr Omtatah and Mr Giseba also want Ruaraka High School and Drive In Primary Schools' officials Dr Tom Konyimbih, Emma Njogu and Joash Oindo be found culpable for the payment.

They also want NLC Valuation and Taxation, Dr Salome L Murumbi, and official Francis Karimi Mugo found culpable for requesting National Bank to transfer Sh 1.5 billion to Whispering Palm Estate Limited’s bank account also linked to the two private agencies involved in the case.

Mr Omtatah and Mr Giseba also want Francis Mburu, Mark Mungai Mburu and Justin Mungai Mburu, Whispering Palm Estate Limited and Afrison Export Import Limited directors found culpable.