The Ethics and Anti-Corruption Commission (EACC) will proceed with the recovery of residential properties in Woodley Estate, Nairobi, after the Court of Appeal declared the acquisition process by various private individuals to be fraudulent, illegal, and void.
In a statement, the EACC revealed that private individuals had illegally acquired the land from the Nairobi City County Government and constructed residential units on one-acre parcels across the estate. The properties, valued at over Ksh1 billion, are now slated for repossession by the EACC.
“The Court of Appeal (Tuiyott, Lesiit & Ngenye-Macharia JJA) sitting in Nairobi has, today, declared that the process used by various private individuals to acquire over 100 residential houses in Woodley/Joseph Kang’ethe Estate, Nairobi, was fraudulent, illegal, null and void,” read part of the EACC statement.
The court further issued orders restricting the private individuals from conducting any transactions using the land titles associated with these properties. As a result, the EACC confirmed it would begin the process to reclaim the properties, which includes requiring current tenants to vacate.
“Appellate Judges Francis Tuiyott, Jessie Lesiit, and Grace Ngenye-Macharia have also ordered the appellant to pay the costs of the appeal to EACC,” the Commission added. “Consequently, EACC will proceed to execute the ELC Judgement, including requiring the appellant, his agents, tenants and/or any other persons currently occupying the recovered property to deliver vacant possession for handover to the Government.” EACC stated.
“The Estate, comprising prime residential houses standing on about 1 acre each, has an estimated market value of Ksh1 billion.”
“Appellate Judges Francis Tuiyott, Jessie Lesiit and Grace Ngenye-Macharia have also ordered the appellant to pay the costs of the appeal to EACC,” the Commission added.
“Consequently, EACC will proceed to execute the ELC Judgement, including requiring the appellant, his agents, tenants and/or any other persons currently occupying the recovered property to deliver vacant possession for handover to the Government.”
This ruling paves the way for the EACC to enforce the Environment and Land Court judgment and reclaim the contested land on behalf of the Nairobi City County Government.
