An ex-parte application filed by former State House digital director Dennis Itumbi suing Interior CS Fred Matiang’i over the Ruaraka land has come up for hearing today.
Itumbi appeared before Milimani Anti-Corruption Court Chief Magistrate Douglas Ogoti to argue his case over the irregular compensation of land.
According to Itumbi, Kenyan taxpayers lost Ksh. 1.5 billion after Matiang’i gave the go –ahead for the compulsory acquisition of part of L.R No. 7879/4 situated in Ruaraka when he was the CS for Education
The Government acquired the land from Afrison Export-Import Limited and Huelands Limited which already hosts Drive-In Primary School and Ruaraka High School.
Itumbi claims that Matiang’i ignored recommendations indicating that the said land was public land and that the two companies shouldn’t have been compensated.
“In the process of undertaking this noble project, the Kenyan taxpayers lost Ksh. 1,500,000,000 due to the 1st Respondent’s abuse of office, negligence, conspiracy and/or collusion,” reads part of the application.
In 2018, businessman Francis Mburu, was paid Ksh.1.5 billion by the Ministry of Education, through the National Land Commission, as compensation for the 13.5 acres parcel of land, on which the two schools stand.
Former Auditor General Edward Ouko had flagged the acquisition while the High Court last year ruled that the property was public land. “…..We therefore find that the compulsory acquisition of the land on which the two schools sit did not meet the threshold of public purpose and should not have been undertaken in the first place. One cannot purport to compulsorily acquire what is already public land,” ruled a three-judge bench.
Itumbi has listed the Director of Public Prosecutions as the second respondent in the 193-page affidavit for allegedly failing to prosecute the CS over the same while the Ethics and Anti-Corruption Commission has been enjoined in the case as an interested party.
