The Ethics and Anti-Corruption Commission (EACC) has been allowed to repossess land worth Sh56 million in Mombasa that was irregularly allocated to a tour firm.
The High Court in Mombasa ruled that the parcel of land that was allocated to Lekyo Tours 20 years ago was public property.
According to the court, former Commissioner of Lands Sammy Mwaita illegally allocated the land to Lekyo Tours. Mr Mwaita is one of the directors of Lekyo Tours.
Justice Sila Munyao ruled the land was a public property and directed EACC to reprocess it.
The judge said that neither Mwaita (pictured) nor Lekyo Tours Limited have tendered any evidence to support their claim to the land situated in Bamburi, Kisauni Constituency.
Mwaita and the tour firm had claimed that the allocation of the house and its purported conversion to private property was done above board.
“This to me, there is enough evidence to show abuse of office and it was incumbent upon Mwaita to appear and justify the allocation of the land to the tour company,” said Justice Munyao.
The judge ordered that the cancellation of the title deed be advertised in the Kenya Gazette to prevent the public from being duped.
EACC accused Mwaita, who was then the Commissioner of Lands and director of Lekyo Tours, of irregularly allocating the land to the tour company.
EACC said that the said suit property in Bamburi was government land alienated for the construction of houses registered between 1978 and 1979.
The anti-corruption body saidt the houses built were then occupied by government employees and to date are still occupied by civil servants.
In his earlier defense, Mwaita said the land had been lawfully allocated through a letter dated March 20, 1998, by the Government of Kenya for residential purposes.
Mwaita said he executed the grant in the course of the discharge of his statutory obligations as Commissioner of Lands and there existed no law precluding him from discharging his duties in favour of a legal entity in which he had an interest.
