MPs query how NLC acquired Sh3.3bn land for city schools

NLC Chairman Muhammad Swazuri when he appeared before the Parliamentary Accounts Committee at Parliament Buildings on March 13, 2018. The lands committee is investigating the acquisition of land for two city schools from a private firm after it emerged the parcel is owned by the government. PHOTO | DIANA NGILA | NATION MEDIA GROUP

What you need to know:

  • The committee is investigating claims of fraudulent acquisition by the two companies and double compensation by the NLC. 

  • Former Education CS authorised NLC to acquire 13.5 acre-land for two city schools.
  • Acquisition included payment of Sh3.3bn to two firms owned by businessman Francis Mburu.

The National Land Commission (NLC) may have irregularly paid Sh1.5 billion for land at the centre of ownership dispute between two city schools and two private firms after it emerged on Tuesday that the land is government owned. 

On March 17, 2017, former Education Cabinet Secretary Fred Matiang’i authorised NLC to acquire the 13.5-acre- land, LR No. 7879/4, in Ruaraka, Nairobi, for the two schools Ruaraka High School and Drive-In Primary School. 

OWNERSHIP TUSSLE

The acquisition included paying Sh3.3 billion to Afrison Exports and Imports Limited and Huelands Limited two companies owned by businessman Francis Mburu which have claimed ownership of the land.

According to correspondence between the Dr Matiang’i and NLC, the acquisition was to regularise the schools’ ownership of the land. 

However, there are pointers that the Dr Matiang’i may have sanctioned the payment without understanding the history of the parcels' ownership.

Documents presented to the Lands Committee of the National Assembly by the management of Ruaraka High School, including an allotment letter and survey maps from surveyors of Kenya, show that the land was donated by the government. 

DONATION

According to Mr John Thuo, who has served for 18 years as the chairman of the school’s board of management, the land was set aside by the government in 1966 for utility purposes. 

This includes building social amenities like schools, hospitals or dispensary, markets among others. 

Mr Thuo told the MPs that in 1984, through the help of former area MP and one time city mayor, the late Andrew Ngumba, the school acquired the land through the city education plan. 

In 1999, the school got an allotment letter and paid Sh3, 066 for processing of its title, which is still pending.

The registration was done in 1987, 1997 and 2009, according to information before the committee. 

“This land belongs to the school. All these years we have been developing the school there has never been any single complaint of ownership,” Mr Thuo told the committee chaired by Kitui South MP Rachael Nyamai. 

FRAUD

The committee is investigating claims of fraudulent acquisition by the two companies and double compensation by the NLC. 

“We have been shooting in the dark. Today, we seem to be getting the right information that will make this committee make an informed decision when writing the report,” Dr Nyamai said.

In response to Dr Matiang’i’s request, NLC chairman Muhammad Swazuri promised to ensure that the acquisition is done within the law. 

But the two schools’ principals Agnes Chege (Ruaraka High School) and her Drive- In Primary School counterpart Benjamin Oloo told the committee that NLC did not involve them in the purchase.

“The officers from the commission who came here to survey the land came on their own. We were never briefed about their mission,” Ms Chege said.