The Ethics and Anti-Corruption Commission (EACC) is set to seize residential properties illegally acquired from Woodely Estate in Nairobi, following a landmark ruling by the Court of Appeal. On Friday, the court upheld the Environment and Land Court’s decision, declaring the process used by private individuals to acquire over 100 residential houses in the estate as fraudulent, illegal, and null and void. The estate, consisting of prime residential houses with an estimated value of KSh 1 billion, was originally acquired through illicit means.
The case has been a protracted legal battle, with the EACC filing multiple recovery suits against developers who had allegedly seized public land. The court’s ruling represents a significant victory in the fight against corruption and land grabbing in the country, particularly in areas such as Nairobi, where prime properties have been unlawfully taken by individuals using fraudulent methods. The judgment further reinforces the government’s ongoing efforts to recover grabbed land and properties across the country, sending a strong message to those involved in such activities.
The Court of Appeal’s decision, delivered by Justices Francis Tuiyott, Jessie Lesiit, and Ngenye-Macharia, was emphatic. They ruled that the appellant, Paul Moses Ng’ethe, had failed to prove that he acquired a valid title to the land, or that the process by which he obtained it was lawful. The judges emphasized that Ng’ethe’s claim to the land was based on a flawed and illegal process, thereby upholding the High Court’s earlier judgment.
“The result of this appeal is that the appellant failed to establish that he acquired a valid title to the suit property; or that the process of obtaining it was regular and lawful and that he is deserving of the orders sought in this appeal,” the judges stated.
The case dates back to 2006, when the defunct Kenya Anti-Corruption Commission (KACC) filed the first recovery suits against private developers who had grabbed the land. The case was subsequently transferred to the Environment and Land Court, where Judge Samson Okong’o ruled in favor of the EACC, declaring the title held by Ng’ethe as invalid. The ruling also ordered the Registrar of Lands to cancel all illegal entries related to the property in the Nairobi Land Registry.
As a result of this decision, Ng’ethe was permanently prohibited from dealing with the grabbed properties, with the court directing that the land be surrendered to the government. Despite his dissatisfaction with the ruling, which led him to file an appeal, the Court of Appeal’s confirmation of the lower court’s decision has now sealed the fate of the properties in question.
The Court of Appeal ruling not only affects the Woodely Estate but also has broader implications for the more than fifty other cases that had been pending before the Environment and Land Court. With the appellate court’s ruling, these remaining cases will now be finalized, clearing the way for further recovery of unlawfully acquired land across the country.
The ruling is expected to significantly impact ongoing efforts by the government and the EACC to tackle land grabbing, especially in urban areas where illegal transactions often lead to the displacement of innocent citizens. The case also highlights the importance of legal frameworks and the judiciary’s role in safeguarding public land.
In light of this decision, the EACC has vowed to intensify its efforts in recovering grabbed land, with a focus on properties obtained through fraudulent means. This victory is part of a broader strategy by the commission to ensure that land and property rights are upheld, and those involved in corruption are held accountable.
The ruling also reinforces the importance of vigilance and transparency in land transactions. It serves as a reminder to both developers and landowners to ensure that the acquisition of property is done through legal means to avoid the risk of losing it to the government.
