The Ethics and Anti-Corruption Commission (EACC) has issued demand letters to 22 individuals and three companies over the controversial Ruaraka land compensation.
The commission is seeking the recovery of Ksh1.5 billion, which was paid by the National Land Commission (NLC) in 2018, together with interest charged at 12 per cent per year.
Among those named are former Interior Cabinet Secretary and Jubilee Deputy Leader Fred Matiang’i, Immigration Principal Secretary Belio Kipsang, former NLC chairman Muhammad Swazuri, former NLC commissioners and other officials.
Companies linked to the family of the late businessman Francis Mburu have also been named in the recovery process.
The case relates to a 13-acre piece of land in Ruaraka, Nairobi, which the NLC acquired for public use. The NLC had paid Ksh1.5 billion as compensation to Afrison Export Import Limited and Huelands Limited.
However, the Court of Appeal later ruled that the payment was illegal, allowing EACC to begin efforts to recover the money.
EACC says its investigations involve allegations of abuse of office, misuse of public funds and money laundering. The commission alleges that public money was presented as compensation for the land.
Those named in the demand letters have been given seven days to pay the Ksh1.5 billion plus interest. EACC has warned that it will take legal action to recover the money if the demand is not met.
Huelands Moves to Supreme Court
Meanwhile, Huelands Limited has moved to the Supreme Court in an attempt to overturn the Court of Appeal decision.
The company has challenged the ruling on several grounds, arguing that the court failed to properly distinguish between planning restrictions and the compulsory acquisition of private property.
Huelands also argues that the decision failed to protect private property rights and land ownership.
The company maintains that no public money was lost and wants the NLC to pay it a further Ksh1.7 billion, which it says is part of the approved Ksh3.2 billion compensation for the land.
EACC has opposed the Supreme Court appeal, arguing that it is an abuse of the court process.
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