Ethics and Anti Corruption Commission will oppose the application by National Land Commission seeking to stop investigation into Sh 1.5 billion paid has compensation to directors of two schools in Ruaraka area, Nairobi.
EACC says, that an order sought by NLC to halt any institution of civil or criminal proceedings over the controversial land is a direct interference of its mandate as provided for under the constitution.
“The order of stay of any civil or criminal proceedings wiil defeat the investigations carried out by the commission on the scheme to continuously defraud the government billion of shillings” says Alfred Mwendwa forensic repartee from EACC.
NLC through lawyer Prof Tom Ojienda filed urgent application on August 2018, seeking to stop any criminal proceedings against the commission’s officers over the payment made in respect of the land now occupied by two schools.
EACC in replying affidavit to the application, says that the import of the conservatory order sought by NLC is to impede the investigation and stop prosecution of suspects found to have defrauded the government billions of shillings.
The graft body says by intending to institute criminal or civil proceedings is made pursuant to section 11(1)1 of EAC Act for purposes of recovery of Sh 1.5 billion paid by NLC in respect of 13.5364acreas on which two schools sit.
Mwendwa argue that the commission denies that to commence investigation and institution of proceedings in court for purposes of recovery of the money and protection of public property does not amount to infringement of constitutional rights of any person has claimed by NLC.
The commission will then ask NLC to deposit the amount in question in court pending the hearing and determination of the reference by the land commission.
The hearing of controversial Ruaraka Land case, was adjourned and transferred to Land and Environmental division of the high court.
The matter came up for hearing before Justice Fridah Okwany, but parties in the suit requested that the same be taken to the Land division for determination.
Justice Okwany, sits in the constitutional court and the matter brought before her touches on Land.
The application that was coming for hearing was filed by NLC, seeking court interpretation on issue of compulsory acquisition over land occupied by two schools in Ruaraka.
The commission through Professor Ojienda, will seek the court to determine whether Sh.1.5 paid as compensation to directors of Afrison Export and Import limited and Huelands limited was genuinely done under the law.
The controversy surrounds the two schools, Ruaraka high and drive-in primary school which the court is being asked to make determined whether they are built on private or public land.
Professor Ojienda says, that the NLC’s application for reference seek a determination to enable it complete the acquisition of the land under L.R No 7879/4, which has been a subject of investigation against businessman Francis Mburu claiming ownership of the vast land.
The commission has further sought conservatory order stopping nay civil or criminal proceedings touching on the land subject matter which the government acquired on 17 August 2016 and already paid Sh 1. 5 billion to directors of the two limited companies.
Professor says if the court do find that the money was improperly paid and legitimate owner , the same should be refunded back to the government.
The matter to be placed before the Land division for hearing on August 28.