The Presbyterian Church of East Africa (PCEA) has lost its 2.7-acre piece of land to a school.
This is after the Environment and Lands Court at Thika established that the land under the church's Ruguthi Women's Guild was a school playground and was illegally allocated.
Presiding Judge Jacqueline Mogeni, in her verdict, said the land in contention was public property, and its registration in the name of the said church was irregular and fraudulent.
According to her, the land had been reserved for use as a playground by Kanyiha, Lusigetti and Njumbi Primary Schools.
The verdict follows a case filed by the Law Society of Kenya, with the Ethics and Anti-Corruption Commission (EACC) participating as an interested party.
In a statement on Monday, EACC's head of Corporate Affairs and Communication Stephen Karuga said the anti-graft agency presented evidence demonstrating that the land had been reserved for public use and therefore, any allocation to third parties was irregular.
"Our investigations established that the land was set aside in 1957 by the former County Council of Kiambu for use as a school playing field," Karuga said, adding, "the investigations further revealed that there was no letter of offer or acceptance, no evidence of payment of rent rates and no proof that the Women's Guild had paid any consideration to the council for the land."
According to Karuga, the judgement safeguards a vital public facility used by more than 1,300 pupils, ensuring that the playground remains available for learning, sports and recreation for the current and future generations.
As a result, the judge said the allocation, transfer and registration of the land LR. NO KARAI/350 and subsequent issuance of a title deed in 2001 was unprocedural, illegal, null and void.
"An order of Mandamus is hereby issued directing the 3rd respondent, the Land Registrar, Kiambu Chief Land Registrar, to forthwith cancel and revoke the Title Deed and all register entries in respect of the land issued to the 1st respondent on Dec 6, 2001, or at any subsequent date," the Judge said.
The judge further ordered that the said parcel of land be handed over to the Board of Management of the two schools and the Education Ministry.
"An order of permanent injunction is hereby issued restraining the 1st respondent, whether by herself, her church officials, agents, servants, assigns or anyone claiming through her, from entering into, taking possession of, fencing, depositing construction materials upon, transferring, charging, developing or in any other manner dealing or interfering with the land," she ordered.
