Commission on spot over Sh1.5 billion payment for school land

The National Lands Commission (NLC) is on the spot yet again over Sh1.5 billion land compensation, whose valuation has raised integrity concerns.

The money is part of Sh3.3 billion payment for the 13.8 acres on which Ruaraka High School and Drive Inn Primary School have been sitting on since 1984 and 1987 respectively.

Last Thursday, NLC Chairman Mohammed Swazuri appeared before Parliamentary Committee on Lands, but could not explain the payments, forcing the MPs to send him away to go prepare well and bring back proper documentations.

The Thursday sitting was done in camera after journalists were kicked out because the "matter of discussion was sensitive", according to the committee chaired by Kitui South MP Rachael Nyamai

The matter has also since attracted the attention of Ethics and Anti-Corruption Commission (EACC) which has since ordered the Swazuri-led commission to stop any further payments until it is through with its probe.

Some of the issues the MPs are probing are whether the valuation was properly conducted and whether payments were made to "any other firm or persons" other than the owner.

The commission has, however, defended the acquisition, stating that payments were done in conformity with the laid down processes and procedures of compulsory land acquisition.

In some of the documents Mr Swazuri presented to the MPs, the commission explained why it wired the amount to a different firm other than the one claiming ownership of the parcel.

“The commission made payments to Whispering Palms Estate Limited on January 29, 2018 amounting to Sh1, 500,000,000. This was after the directors of Afrison Export and Import Limited wrote and gave authority to the commission to pay the stated sister company (Whispering Palms Limited),” said Mr Swazuri.

“Of importance to note is that the directors of Afrison Export and Import Limited are the same directors for Whispering Palms Estate Limited,” added Swazuri in his presentation to the committee.

According to documents tabled before the MPs, directors of Afrison Export Import Ltd are Francis Mburu, (50 per cent shares), Mark Mungai Mburu and Justin Mungai Mburu (25 per cent shares each).

The acquisition started in 2016, when the commission wrote to the ministry over complaints by the owner that the schools have been sitting on his land for 30 years without any compensations.

No compensation

“The land owner has placed a compliant to the commission that the government has been occupying his land for the last 30 years at no compensation. The commission has undertaken a ground inspection to verify the complaint and confirmed the existence of Ruaraka Primary and Secondary on the quoted land,” reads the letter written to then Education CS Fred Matiangí.

And in March 17, 2017, CS Matiang’i directed the commission to initiate the process leading to the acquisition of the land to ensure the two public schools acquire title deeds.

In another letter to Education Principal Secretary Belio Kipsang, the commission assures the ministry that it will issue titles of the parcels once full payments are made.