The anti-graft agency is demanding nearly Sh2.5 billion from 25 individuals and companies, including former CS Fred Matiang’i and Immigration PS Belio Kipsang, to recover payments to private firms for 13.77 acres in Ruaraka that the government already owned.

The Ethics and Anti-Corruption Commission (EACC) has written demand letters to the 25, seeking restitution totaling Sh1.5 billion with annual interest of 12 per cent from January, 2018 when the monies were paid to Whispering Palms Estate Ltd.

The anti-graft agency has given the 25 individuals and firms seven days to pay up, or it will initiate recovery proceedings against them at the High Court.

EACC’s demands follows a Court of Appeal decision in July, to the effect that the land was already meant part of public utility, which meant that in releasing Sh1.5 billion in 2018, the government had paid for its own land.

Integrity Centre that hosts Ethics and Anti-Corruption Commission (EACC) offices in Nairobi.

Photo credit: File | Nation Media Group

Ruaraka High School was constructed in 1984, while Drive-Inn Primary School was built in 1987.

Whispering Palms Estate Ltd in 2016, through businessman Francis Mburu, wrote to the National Land Commission claiming ownership of the land. The firm insisted that construction of the two public schools amounted to compulsory acquisition.

In 2018, NLC paid Sh1.5 billion to Whispering Palms, which was expecting another Sh1.7 billion.

After making the part payment, NLC filed a reference at the High Court, seeking a determination on whether the 13.77 acres were public land. The High Court in 2019 held that it was public land.

Whispering Palms Estate Ltd challenged the decision, but a similar finding came from the Court of Appeal last month.

The money was paid by NLC on behalf of the Education ministry when Dr Matiang’i and Dr Kipsang were CS and PS respectively.

The EACC did not respond to our queries on the matter. A source close to the investigation, however, intimated that the letters were served on the 25 individuals and companies on Monday and Tuesday.

Former National Land Commission (NLC) chairperson Muhammad Swazuri and other commissioners at the time, Tom Konyimbih and Emma Muthoni Njogu have also been served with similar demands for restitution of the funds.

Whispering Palms Estate Ltd, Afrison Import Ltd and Huelands Ltd have also alongside their directors – Mark Mungai Mburu, Justin Sam Mburu – been served with demands for restitution from the EACC.

Mark Mungai Mburu and Justin Sam Mburu are sons of businessman Francis Mburu, who had laid claim to the 13.77 acres through Whispering Palms Estate Ltd, Afrison Import Ltd and Huelands Ltd.

Afrison Export and Import Ltd and Huelands Ltd director Francis Mburu at the Ethics and Anti-Corruption Commission offices on July 19, 2018. He claimed ownership of the controversial land in Ruaraka, Nairobi.

Photo credit: File | Nation

Another firm, Champion Kenya Ltd, and its director John Murithi Mutwiri have also received the restitution demands.

After receiving Sh1.5 billion from the Education ministry, Whispering Palms sent Sh930 million to Champion Kenya Ltd, which then conducted several transfers to multiple individuals and companies.

One of the recipients of funds from Champion Kenya Ltd, Meshack Onyango Dihay, has also been served with a restitution demand.

The EACC in its demand to the firm argues that Champion Kenya Ltd conducted the transactions in a bid to conceal the origin of the funds and their ultimate beneficiaries. The firm is on the hook for alleged money laundering.

Hezekiah Wilfred Muchae Kabue (Lands ministry), Charles Kagema (NLC), Zacharia Ndege (NLC), Josiah Oindo (NLC), Salome Ludenyi Munubi (NLC), John Mwangi Mwaniki (Lands ministry), Geoffrey Kingora Mwangi (NLC) and Francis Karimi Mugo (NLC) have also been served with restitution letters.

Other State employees at the time also served with restitution demands are Rose Muema (Acting County Secretary, Nairobi), Patrick Thoithi Kanyuira (Attorney-General’s office), Peter Ouma Adipo (Lands ministry), Sospeter Oduor Ohanya (NLC) and Judy Gitau (Nairobi County).

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bwasuna@ke.nationmedia.com