AG wants Sh2.4billion school land deal probed

Attorney General Kihara Kariuki wants the Ministry of Education and National Lands Commission (NLC) investigated for their role in a Sh2.4 billion land deal.

Speaking yesterday when he appeared before National Assembly’s Land Committee, the AG said the two institutions should be investigated to ascertain if they followed the law in the compulsory acquisition of 13.5 acres at Ruaraka, Nairobi, on which Ruaraka Secondary School and Drive Inn Primary School sit.

Francis Mburu, who owns the land through his Afrison Export Import Ltd and Huelands Ltd, added another twist to the matter when he announced that he intends to sue Government and the AG for Sh6 billion compensation for illegal use of his land.

Mburu said he was ready to refund the Sh1.8 billion paid to him so far by Government and repossess the land where the schools are built.

Legal opinion

The AG recommended further investigations after questions emerged on the authenticity of the letter of allotment for the land. He wondered why it had taken long to clear the Sh2.4 billion.

“The Ministry of Education wrote to my office on June 29, last year, seeking for a legal opinion on the matter. My predecessor, Prof Githu Muigai, wrote back on July 7, last year, advising the ministry to promptly pay the due amount in full and for NLC to possess the land the same day they issued a notice for compulsory acquisition by Government,” Kihara said.

“A lot seems to have happened on this matter but NLC and Education ministry officials never came back to us after we issued our opinion. They need to be investigated to know if the letter of allotment is valid and if all the laws were followed in the whole process,” he added.

The AG promised to resolve the issue.

“I undertake to act very fast and solve this matter. In the course of today, I will deliver all the correspondence between my office and the Treasury on the payment of the Sh600 million balance,” Kariuki said.

The AG said the probe must extend to how the initial 96 acres that belonged to Mburu were divided.

“We also need to find out if 10 per cent of the land was surrendered as per the land laws for public utilities, we could be using public money on what was supposed to be surrendered for free,” he said.

Allotment letter

During past committee sittings, the managers of Ruaraka Secondary told the MPs that the institution was issued with an allotment letter in 1999 and was in the process of acquiring a title deed.

But Thoithi Kanyuira, the Deputy State Counsel in the AG’s office, said it was impossible for any government agency to have issued allotment letters to the schools since they sit on private land.