A court filing by the anti-graft agency has laid bare the underhand backroom dealings that saw 1,136 acres of public land belonging to Egerton University end up in the hands of private developers.
The Ethics and Anti-Corruption Commission (EACC) has instituted proceedings at the Environment and Land Court in Nakuru to recover the expansive land.
In its suit papers filed before Justice Lynette Omolo, the EACC says the parcel worth Sh1.6 billion was illegally hived off and allocated to Cantie Ha Limited, which then transferred the property to a Mr Kipruto Kemboi.
EACC has also sued the Chief Land Registrar, Cantie Ha Limited and Mr Kemboi, alleging they conspired 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,” reads part of the suit filed in court.
A portion of the 1,136 acres of land in Njoro, Nakuru County, that once belonged to Egerton University, as pictured on February 28, 2023. The land is now in the hands of private developers, with the EACC fighting to reclaim it.
Photo credit: Eric Matara | Nation Media Group
According to the EACC, even though the property is currently occupied by the university, Mr Kemboi is the one in possession of the title deed.
“As a result, 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,” the commission further states in court papers.
The EACC further says investigations revealed the title deed was obtained illegally and fraudulently, before the land was transferred to Mr Kemboi.
It avers in court 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.
According to records obtained from the Ministry of Lands, the anti-graft watchdog says it established that on February 12, 1970, the land was illegally transferred from Cantie Ha to Mr Kemboi.
The EACC wants the court to declare the allocation and registration of the land illegal, null and void and a temporary injunction issued, barring Mr Kemboi, his servants or employees from trespassing, alienating, selling, advertising for sale, transferring, wasting or leasing the land, pending hearing and determination of the matter.
The EACC says any interference with university projects on the land will lead to huge losses on the part of the government due to insufficient land for the institution to meet its research obligations.
The commission also wants the court to compel the chief land registrar to rectify the registration by cancelling the title deeds for the parcel.
However, Cantie Ha and Mr Kemboi have maintained that they properly acquired the land and legally obtained title deed.
Justice Omollo certified the matter as urgent and set a hearing for March 21.
