Former Kiambu Governor William Kabogo has been implicated in a multi-million shillings land grabbing scheme in Mombasa.
Kabogo, alongside billionaire businessman Ashok Labhshankar Doshi, are among individuals and companies sued by the Ethics and Anti-Corruption Commission for allegedly grabbing the pieces of land and properties, belonging to Kenya Revenue Authority (KRA), all valued at Sh358 million.
"The named individuals colluded with rogue officials from the Ministry of Lands and had the land and properties which belonged to Kenya Revenue Authority allocated to themselves in total disregard of laws governing public property," said EACC.
The commission filed the suit at the Environment and Lands Court, through lawyer Nicholas Ongeri, arguing the named individuals and their companies grabbed the 2.5-acre land, located in Kizingo area in Mombasa County, which had executive staff quarters belonging to KRA.
EACC named Kabogo, Doshi, Pratiba Ashok Doshi, Anish Doshi, Sunir Doshi, Sheila Doshi, Kumud Shashikait Shah, Mala Ashok Shah, Jayesh Shah, Enock Tuitoek, Cinty Mueni Malika, Kipchuma Kandie, Ashok Kumar Devshi, Francis Ngatia and Mary Ngatia as defendants.
The companies named as beneficiaries of the grabbed land include Doshi Group of Companies, Ricci Limited, Aerial Developers Limited, Scleraca Limited, Sunnex Enterprises Limited, Delgreen Limited, Maxtowers Limited and Pretty Blossoms Limited.
Former commissioners of land, Wilson Gachanja and Sammy Mwaita, are also named as the people who facilitated the illegal transfer of public land to private entities.
Ongeri submitted that the scheme to grab the government land was well planned in which the alleged grabbers used their illegally acquired titles to sub-divide the 2.5-acre land into nine plots which they then sold.
"The purported allotment and issuance of leases to the beneficiaries and subsequent transfer was fraudulent, illegal, null and void and could not confer a good title to any of the named persons. Their collusion with the land's officials was in total breach of trust vested on them," said Ongeri.
He claimed that Kabogo, Doshi and the other beneficiaries dishonestly and fraudulently obtained letters of allotment, lease and title documents while aware the property was reserved for public use and was therefore unavailable for allocation.
He added that the individuals had the property registered in their names while fully aware that neither the Minister responsible for Lands, Transport or Finance consented to the allocation of the suit property as provided for in the Government Lands Act.
EACC wants the court to declare all the title deeds owned by the suspected grabbers are invalid, null and void and all the property reverted to KRA as the rightful owner.
"We are also asking the court to order the two former Land Commissioners of Lands Wilson Gachanja and Sammy Mwaita, to pay general damages to the public for the fraud, breach of fiduciary duty and abuse of office arising from their actions," said Ongeri.
The commission also want the court to declare that the subsequent sub-division of the original piece of land was irregular and that the named persons be ordered to restore it to the original status.
