Parallel probes on land saga

The controversy surrounding the Sh3.3 billion land compensation has taken an interesting twist after two House committees launched investigations into the same matter.

The Ethics and Anti-Corruption Commission (EACC) has also weighed into the matter stopping the National Land Commission (NLC) from making further payments of over Sh1.7 billion to Whispering Palm Estate Ltd.

NLC wired Sh1.5 billion to the firm on January 30 for the parcel of land which the Ministry of Education is acquiring at Sh218 million per acre, under the Elimu Yetu programme initiated by former Education CS Fred Matiang’i.

The compensation is for the 13.8 acres of land on which Ruaraka High School and Drive Inn Primary School have been sitting on since 1984 and 1987 respectively.

Although Parliamentary Standing Orders allow House committees to probe any matter, the decision by the National Assembly Committee on Land and Senate Public Accounts and Investment Committee (PAIC) to probe the matter at the same time could indicate competing interests by politicians.

The Committee on Land chaired by Kitui South MP Rachael Nyamai has already protested against the decision by PAIC to probe the matter.

Lodge complaint

Ms Nyamai has indicated that her committee will lodge a formal complaint with Speaker Justin Muturi when the National Assembly resumes from Easter recess next week.

On March 29, NLC chairman Muhammad Swazuri appeared before the National Assembly Committee, but could not satisfactorily explain the payments, forcing the MPs to ask him to bring proper documentation on April 12.

And on April 3, Meru Senator Mithika Linturi chaired a heated PAIC sitting, where the senators questioned conspiracy to defraud the public in the deal.

The committee questioned whether the commission paid “wrong people” the Sh1.5 billion after it emerged – from documents presented by Swazuri – that two directors of Huelands Ltd were not directors in Whispering Palm Ltd, which received the payments.

Directors of Huelands Ltd are Francis Mburu (one share), Geoffrey Mutisya (one share) and Drive In Estate Developers Ltd (998 shares) while Afrison and Whispering Palm Estate Ltd are owned by Francis Mburu and his sons Mark Mungai Mburu and Justin Mungai Mburu.

PAIC fined Mr Mburu and his two sons Sh500,000 for failing to honour summons. The fine has since raised queries on why the directors were not given a chance to appear.

Mburu through N.R Nyamai and Advocates have since written to the Senate to protest the decision, saying the were not served with summons.

“Our clients were never formally summoned to appear before the Senate team on April 3 hence they were condemned unheard/without giving them a fair hearing,” reads the letter.

The Senate team had ordered Inspector General of Police Joseph Boinnet to produce the directors on April 17 for grilling but Mburu has since directed N.R Nyamai and Advocates to appear on his behalf to explain the circumstances surrounding the acquisition.

The team has further summoned Interior Cabinet Secretary Fred Matiang’i to answer questions around the compensation done when he was in the Education docket.

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

“The commission made payments to Whispering Palms Estate Limited on January 29, amounting to Sh1.5 billion. This was after 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.