Ex-Lands Commissioner Sammy Mwaita grilled by EACC over Ksh.100M land allocated to his brother

Mr. Mwaita who is facing allegations of abuse of office, conflict of interest and fraudulent acquisition of public property is accused of illegally allocating the said parcel of land situated in Nakuru to his brother Hillary Kipkorir Mwaita in 1998.

“In 1998, the then Commissioner of lands Sammy Mwaita illegally and irregularly allocated the parcel of land to his brother Hillary Kipkorir Maida using a forged   Part Development Plan (PDP) Reference No. R7/98/188, which does not exist in the Directorate of Physical Planning records,” a source at EACC told Citizen Digital.

The Ex-Commissioner of Lands  appeared before the Commission’s investigators at Integrity Centre in Nairobi as part of investigations where EACC is seeking to recover the parcel of land where the Kenya National Highways Authority (KENHA) is currently constructing its regional headquarters in Nakuru.

“To recover and revert the land back to the Government, the Commission has since sued the Mwaitas, together with the Chief Land Registrar and obtained injunction orders prohibiting any dealings on the land pending the hearing and determination of the matter,” added the source.

High Court judge Antony Ombwayo on November 21, 2022 granted an order of injunction sought by EACC restraining Hillary Kipkorir Mwaita, his servants, employees and/or agents or any other person from “alienating, selling, advertising for sale, transferring, charging, further charging, developing, leasing, sub-dividing, wasting, entering and remaining upon, or in any other way dealing with the parcel of land pending the hearing and determination of the application.”

The land had been reserved by the Government for purposes of a Road Access Camp which housed the public works employees, a fuel station, a Government vehicles’ service bay among other facilities.

The Kenya National Highways Authority (KeNHA) also has a laboratory built in the suit property, which laboratory is used to test the moisture of different types of soils and gravel that are to be used in road construction projects within Bomet, Baringo, Nakuru, Narok, Kericho, some parts of Elgeyo Marakwet and Laikipia specifically Nyahururu.

“Even though the suit property is currently occupied by KeNHA, the 1st defendant, Hilary Kipkoriri Mwaita, is in possession of the title documents,” added the source at EACC.