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Parliament Wants Swazuri Jailed For Conspiring To Defraud Public Billions In The Ruaraka Land Scam

NLC Chairman Swazuri.

The Departmental Committee on Lands received a complaint on 30th January 2018 through a letter dated 10th January 2018 signed by Mr. Harrison Muema.

In the said letter, Mr. Mr. Harrison Muema alleged that irregularities had been committed in the compensation of LR No. 7879/4 to M/S Afrison Export and Imports Ltd by the National Land Commission on behalf of the Ministry of Education, Science and Technology for acquisition of land for Drive Inn Primary School and Ruaraka High School in Nairobi.

He requested the Committee to investigate the matter. The issue was also reported in the print media. Therefore, it is on this basis that the Committee resolved to conduct an inquiry on the matter. During the inquiry the Committee found out that the process of acquiring the land occupied by the two schools was initiated by the National Land Commission upon receiving a complaint from the Afrison Import Export Ltd and Huelands Ltd on alleged historical injustices.

Further, although the Ministry of Education did eventually write to the Commission requesting that it does secure the interests in the land occupied by the two schools, this was done at the behest of the Commission.

The Committee also noted that it was not clear from the valuation report tabled by the Commission on what parameters or criteria other than stamp duty and the pricing of comparable properties was used by the Commission to ensure prudent use of public money as espoused in Article 201 of the Constitution in awarding Afrison Import Export Ltd and Huelands Ltd Kshs 3, 269, 040, 600 as compensation for land.

The Committee further observed that although the Commission presented evidence of the Gazette Notice, there was no evidence presented to the Committee to show where and how the inquiry proceedings were conducted. There was also no evidence to show that the Commission did serve the notices to the interested persons.

The Committee did not find any evidence to confirm that a sub-division of the land in question did occur. The evidence presented to the Committee indicated that LR. No. 7879/4 belongs to Afrison Import Export Ltd and Huelands Ltd save for the contradiction that an allotment letter had been issued to Ruaraka High School by the Commissioner of Lands The Committee further observed that the two schools had occupied the land for an uninterrupted period of at least thirty-three years and there had been no case brought by Afrison Export Import Limited against the schools over the alleged illegal occupation by the two schools.

The Committee also found out that the title for LR. No 7879/4 was jointly held by the official receiver and Messrs Harit Sheth and Co. Advocates, the advocates for the registered owner and that the National Land Commission had not secured the interests of the government in the land compulsorily acquired in terms of the formal taking of possession of the documents of title on the land contrary to section 121 of the Lands Act, 2012.

The Departmental Committee on Lands received a complaint on 30th January 2018 through a letter dated 10th January 2018 signed by Mr. Harrison Muema. In the said letter, Mr. Mr. Harrison Muema alleged that irregularities had been committed in the compensation of LR No. 7879/4 to M/S Afrison Export and Imports Ltd by the National Land Commission on behalf of the Ministry of Education, Science and Technology for acquisition of land for Drive Inn Primary School and Ruaraka High School in Nairobi.

He requested the Committee to investigate the matter. The issue was also reported in the print media. Therefore, it is on this basis that the Committee resolved to conduct an inquiry on the matter. During the inquiry the Committee found out that the process of acquiring the land occupied by the two schools was initiated by the National Land Commission upon receiving a complaint from the Afrison Import Export Ltd and Huelands Ltd on alleged historical injustices.

Further, although the Ministry of Education did eventually write to the Commission requesting that it does secure the interests in the land occupied by the two schools, this was done at the behest of the Commission. The Committee also noted that it was not clear from the valuation report tabled by the Commission on what parameters or criteria other than stamp duty and the pricing of comparable properties was used by the Commission to ensure prudent use of public money as espoused in Article 201 of the Constitution in awarding Afrison Import Export Ltd and Huelands Ltd Kshs 3, 269, 040, 600 as compensation for land.

The Committee further observed that although the Commission presented evidence of the Gazette Notice, there was no evidence presented to the Committee to show where and how the inquiry proceedings were conducted. There was also no evidence to show that the Commission did serve the notices to the interested persons. The Committee did not find any evidence to confirm that a sub-division of the land in question did occur.

The evidence presented to the Committee indicated that LR. No. 7879/4 belongs to Afrison Import Export Ltd and Huelands Ltd save for the contradiction that an allotment letter had been issued to Ruaraka High School by the Commissioner of Lands The Committee further observed that the two schools had occupied the land for an uninterrupted period of at least thirty-three years and there had been no case brought by Afrison Export Import Limited against the schools over the alleged illegal occupation by the two schools.

The Committee also found out that the title for LR. No 7879/4 was jointly held by the official receiver and Messrs Harit Sheth and Co. Advocates, the advocates for the registered owner and that the National Land Commission had not secured the interests of the government in the land compulsorily acquired in terms of the formal taking of possession of the documents of title on the land contrary to section 121 of the Lands Act, 2012.

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