The Ethics and Anti-Corruption Commission (EACC) has recovered a Ksh52 million house in Nyali, Mombasa county.
This is after Justice Nelly Matheka of the Mombasa Environment and Land Court ruled that the bedroomed bungalow belonged to the Kenya Civil Aviation Authority (KCAA).
In the recovery suit done in 2009, EACC sued Luka Kimutai, his wife Sally Cheptoo, Toro Estates Limited owned and the then commissioner of Lands Sammy Mwaita.
EACC alleged that the parcel of land had been granted to the KCAA before it was allocated to the defendants in 2000.
According to the anti-corruption agency, Kimutai transferred the grabbed land to Toro Estates Limited.
In the ruling, Judge Matheka faulted Mwaita for breaching public trust when he illegally and fraudulently transferred land to the accused.
According to Justice Matheka, the property was not available for conversion to private land and as such, the actions of the commissioner were null and void.
According to court papers in our possession, Lady Justice Matheka issued the following orders in favour of the commission;
“A declaration that the allocation of the property to the 1st defendant, Luka Kimutai, by the Commissioner of Lands (Sammy Mwaita) and subsequent issuance of the lease was irregular, fraudulent and illegal, and consequently null and void.
“An order for rectification on the land register by the cancellation of title and all entries made on the land register in favour of Luka Kimutai Chepto, and subsequent transfer to the company he owns with his wife namely Toro Estates Ltd, in respect of land reference MN/1/2414.
And, “an order of preservation and a permanent injunction against Toro Estates Ltd, its agents, servants or assigns restraining it from leasing, transferring, charging, taking possession or any other manner howsoever from dealing with land reference no MN/1/2414 except by way of transfer or surrender to the Kenya Civil Aviation Authority or /and the Government of Kenya.”