Claims on city land mystery a spirited witch-hunt motivated by politics
SEE ALSO :New KCC manager probed on graft claimsIn observing the law, Dr Matiang’i referred NLC to Section 107(1) of the Land Act and advised it to exercise its constitutional mandate in the matter of compulsory acquisition, emphasising that this should be done while observing due process of the law. Beyond that, NLC and the accounting officer in the Ministry of Education – the Principal Secretary responsible for Basic Education – worked on the rest of the details to finalise the acquisition process. Unfortunately, the Cabinet Secretary has been vilified, tried and presumed guilty in the court of contrived public opinion. Allegations of wrongdoing have been flying around since the release of part payment of Sh1.5 billion by the National Treasury to the Ministry of Education, who in turn passed the money on to NLC to pay the owners of LR No 7879/4. Among the allegations peddled is that the Ministry of Education compensated for land that was public. Nothing could be further from the truth. It is on record in the report of the Departmental Committee on Lands of the National Assembly that there is no evidence of the land, LR No 7879/4, ever being sub-divided to create identifiable areas on which the schools sit. The Director of Surveys confirms authoritatively that the only sub-division on the land is that which produces the site acquired by the General Service Unit (LR No 7879/24) and the balance where the schools and other illegally erected structures, which is LR No 7879/25. Any ordinary Kenyan will tell whoever cares to listen that there can never be public land (without a title) inside private land. It follows therefore that the truth remains sacrosanct: the entire land is private land and belongs to the registered owners (as per the records in the land registry which have also been upheld in court decisions). How then can a payment made through due process of the law, to the registered owners of the land, become an act of fraud? How can one justify such wild allegations that the Government lost Sh1.5 billion without offering irrefutable evidence?
SEE ALSO :Top Judge demand to city lawyerRuaraka land is private freehold land. The NLC played its rightful role in the acquisition process, including placing a 30-day notice of the intended acquisition of the land in the Kenya Gazette. I wish to urge well-meaning Kenyans to judge Matiang’i fairly. In all fairness, Kenyans should be spared from the theatre of political witch-hunts.