The National Land Commission Chairman Muhammad Swazuri and Kenya Railways Corporation CEO Atanas Maina are on the spot over the payment of Sh519 million compensation for a piece of land compulsorily acquired for the construction of the Standard Gauge Railway.
A family in Mombasa has petitioned the Ethics and Anti-Corruption Commission (EACC) demanding the two officials be investigated over the compulsory acquisition of a piece of land, LR No MN/VI/755, located in Miritini, Mombasa.
The family of the late James Kamau Thiong'o and the African Gas and Oil Company Limited (AGOL) are claiming ownership of the disputed land. The matter is active before the court.
However, both the National Land Commission (NLC) and the Kenya Railways Corporation (KRC) processed the payment before they could determine the legality of the title being held by AGOL.
Strangely, NLC had filed an affidavit in an environment court declaring that AGOL is not entitled to the compensation because of the dispute.
Mr Joseph Nyingi Kamau, Zachariah Njenga Kamau, Jane Njeri and Monica Wambui — who are the administrators of Mr Thiong'o's estate — accuse Prof Swazuri and Mr Maina of abuse of office.
They have asked EACC to investigate the duo and take action as the law requires.
The family wants Treasury Principal Secretary Kamau Thugge to stop the release of the funds.
“Your office is fully aware of the dispute on ownership in respect of a portion of a property known as MN/VI/755...Let us have a confirmation in writing that your office will not release the compensation before the dispute is resolved,” the family said in a letter dated January 31, 2017.