High Court Halts Auction of Ksh.10 Billion Grabbing of Public Land in Nakuru

The Olkalou High Court has issued an injunction halting the planned auction of a highly valuable public land in Nakuru County, valued at over Ksh.10 billion. This action follows a petition by the Ethics and Anti-Corruption Commission (EACC), which has been actively pursuing justice in the case of land grabbing that has implicated numerous parties.

The land in question, comprising 165 acres, originally belonged to the Agricultural Training Centre (ATC). It was allegedly seized unlawfully by a group of over 50 private individuals who subsequently transferred ownership to Hashi Energy Ltd. The legal drama surrounding this land took a new turn when Hashi Energy Ltd used it as collateral to secure a loan of Ksh.40 million from Ecobank. The company’s default on this loan prompted the bank to initiate proceedings to auction the land to recover the outstanding amount.

Judge Charles Kariuki of the Olkalou High Court has intervened, ruling in favor of the EACC’s petition. The court issued a comprehensive order prohibiting Ecobank and Hashi Energy Ltd from proceeding with any form of sale, charge, alienation, auctioning, or disposal of the land. The order also extends to any agents, servants, or third parties associated with the respondents.

The court’s decision comes as a significant relief to the EACC, which has been at the forefront of efforts to reclaim this land for public use. In its application, the EACC emphasized the gravity of the situation, warning that the auction of the land would be a violation of the public’s interest and an affront to ongoing legal processes aimed at recovering the grabbed property.

The EACC’s petition was filed under a certificate of urgency, reflecting the high stakes involved. The Commission has argued that the land was wrongfully taken from the ATC, and its current handling and potential sale are illegal. By barring the auction, the court has effectively safeguarded the land from further misappropriation while the case is under judicial consideration.

In its submission, the EACC cautioned that any transactions involving the land during this period could be fraudulent, given the disputed nature of its ownership. The Commission’s stance is that no party currently has legitimate claim over the property, and any attempt to auction or sell it would be considered a scam. This warning is aimed at protecting potential buyers from falling victim to deceptive practices associated with the land’s contentious ownership status.

This legal intervention highlights the ongoing challenges in the fight against land grabbing in Kenya. The case underscores the complexities involved in land ownership disputes and the importance of judicial oversight in resolving such matters. It also brings to light the role of public institutions, like the EACC, in ensuring that public resources are protected from exploitation and misuse.

As the legal proceedings continue, the focus will remain on the resolution of the dispute and the return of the land to its rightful public ownership. The court’s order is a crucial step in this direction, aiming to restore justice and uphold the rule of law in the handling of public resources.

The Nakuru land case serves as a reminder of the broader issues of land management and corruption in Kenya, where illegal land acquisitions and fraudulent transactions remain significant concerns. The EACC’s efforts and the court’s ruling are critical in addressing these challenges and reinforcing accountability within the system.

For now, the public and stakeholders can only await the outcome of the ongoing case, with the hope that justice will prevail and that the land will be returned to serve its intended purpose for the benefit of the community.