EACC tells court to uphold order on State House land

The anti-corruption agency has asked the High Court not to withdraw orders against a private developer over State House land in Mombasa that was allegedly acquired illegally.

The Ethics and Anti-Corruption Commission (EACC) filed a supplementary affidavit in which it argued that the orders granted in its favour can only be discharged or varied if the court is satisfied that the property in question was not acquired through corrupt means.

The agency filed a case against Minalove Hotel and Restaurant, Mr Edward Irungu and Equity Bank and obtained orders last month suspending any activities on the land for six months.

Justice Samuel Mukunya prohibited the developers, their agents and servants from transferring, disposing, wasting, charging or dealing with the land situated in Kizingo.

This was after the commission moved to court to stop any transactions after establishing that the property — number MI/XXVI/1010 — had allegedly been grabbed.

The commission said it received a complaint of suspected corrupt conduct by the respondents in the alienation of the land within the precincts of State House in Mombasa that is reserved for government housing.

INDEPENDENT PROBE

The National Land Commission (NLC) is also conducting independent investigations to establish how the property was acquired after the anti-corruption agency initiated a probe.

“The first and second respondents appear aggrieved by the order yet are willing to submit to an NLC inquiry,” investigator Abdulhamid Law, for the agency, stated in his affidavit.

But the developer, Mr Michael Muriithi, who is the director of Minalove, which is constructing a residential building on the disputed land, has asked the court to set aside or stay the preservation order, which he called irregular, to enable him to protect the property.

“The intended action of the applicant is in bad faith and is calculated to defeat the rights and interests of the second respondent as the bona fide,” he stated.

Mr Muriithi has also defended himself against allegations that he acquired the property illegally. He said he bought the 0.0708 hectares from Mr Irungu who was issued with an allotment letter by former Coast Provincial Commissioner Peter Kiilu.

He added that he later sought a principal sum of Sh10 million from Equity Bank that was advanced to him for the registration and drawing of a legal charge in respect to the property.

Mr Muriithi said that it was then that he started the construction of the building, which is nearly complete and has cost him lots of money.

The developer said he is an innocent buyer who is hard-pressed to continue paying a bank loan.

A ruling will be delivered on November 11.