EACC recovers grabbed Ksh.50 million Kitale School land

The Ethics and Anti-Corruption Commission (EACC) has secured orders to preserve a Ksh.50 million school land located in Kitale town due to contested ownership.

Justice Christopher Nzili, in his judgment, noted that the commission had established a prima facie case by providing sufficient evidence to support its claim. 

According to EACC, the land, measuring approximately four hectares, was originally designated for use by Kitale School but was, however, fraudulently allocated for private commercial use.

Formerly registered as Kitale Municipality Block 12/132 (now Block 12/236), the anti-graft watchdog says the land was allocated to the late Nathaniel Tum in collusion with a former Commissioner of Lands, Wilson Gachanja. 

Further, investigations by EACC revealed that the portion of land had encroached significantly onto the school's infrastructure such as the dining hall, dormitories and sewer system.

As a means to cover up their tracks, the commission alleged that the Department of Survey demanded the surrender and correction of the lease certificate to be handed to Nathaniel Tum.

After reviewing the evidence, Justice Nzili issued a temporary injunction restraining the private owners from selling, transferring, leasing or dealing with the disputed property.

In addition, he barred the collection of rental income from commercial activities on the property and instructed the commission to appoint a receiver to manage the land's dealings.

In his final decree, the judge directed the opening of a joint interest-earning account between EACC and the private owners to preserve all rental income pending the final outcome of the case.