Ex-MP Omar Zonga faces probe over land grabbing

The High Court has allowed Ethics and Anti-Corruption Commission (EACC) to investigate former Msambweni MP Omar Zonga over land grabbing allegations.

The 22-acre parcel in Kwale County once belonged to His Highness Prince Sadrudin Aga Khan.

Justice Edward Muriithi said the court could not grant Zonga, Raia Mkungu, Said Kabangi and Hiimi Ahmed orders to be declared owners of the disputed plot (Kwale/Diani Beach Block 151).

"The court is accordingly, in this respect not able to grant the orders for declaration and prohibition sought in two prayers of the petition. The court is not able to hold that the petitioner are the bona fide registered proprietors of the suit property," said Justice Murithii.

The petitioners had sought to stop EACC from investigating claims that they were not the bona fide owners of the land.

The four filed the civil case in 2013 after they were charged in the court by EACC with allegedly corruptly acquiring the land but were later acquitted of by the court.

In a judgement read on his behalf last Friday by Justice Patrick Otieno, Muriithi dismissed the petitioners' application in which they wanted EACC stopped from interfering with their "peaceful enjoyment of the property".

They accused the anti-graft body of taking away original green card from Kwale Land Registry, arguing that by taking away the documents they were branded criminals.

Mkungu argued that he and other petitioners acquired the land measuring in Diani and were issued with allotment letter No. 5007 dated July 2001 and the title deed by Kwale Land Registrar in 2006.

They claim the land in question belonged to their grand grandfather Mwachimwindi Diya who was ejected by the British government before independence.

But according to EACC, Aga Khan sought the land from Wallance and Manbec in 1967 and it was later leased to him on November 8, 1976 and later bought by Leisure Lodge Club for Sh11 million on September 1992.

EACC says its investigations have shown there is no evidence that Mwachimwindi Diya ever owned the land as was being claimed by the former MP and three others.