The Ruaraka land scandal has now taken a new twist after businessman Francis Mburu went back to court seeking over Ksh36 billion in compensation.
Mburu has sued the Nairobi City County, National Land Commission (NLC) and the Attorney General, seeking orders from the court to compel the three to compensate him a sum of Ksh23 billion as the market value of the land and Ksh13 billion for the loss of rental income, plus accrued interest.
This comes two months after the Environment and Land Court ruled that the 13-acre land on which Ruaraka High School and Drive Inn Primary School sit is public land and should not have been subjected to compulsory acquisition where Mburu was paid Ksh1.5 billion by the ministry of education.
Issuing the ruling, Justices Bernard Eboso, Elijah Obaga and Kossy Bor said that the NLC failed to conduct due diligence, leading to the loss of Ksh1.5 billion taxpayers’ money.
Mburu has since appealed the three-judge bench ruling and in the fresh case he says the Ksh1.5 billion that was declared illegal should be reclaimed from the Ksh.36 billion he is now demanding, should he lose the appeal.
In the suit, Mburu says that he has been used as scapegoat to cover for illegalities conducted by senior government officials.
“Whereas the respondents have the accurate records of the suit property, they have actively been publishing untrue and misleading information that affects my integrity,” says Mburu.
He accuses the county government of subdividing and allocating his land to businessmen, who are now erecting structures to the land that was originally 96 acres when Mburu acquired it from Joreth Limited in 1981.
“NCC saw in my properties an opportunity to receive premiums, rents and rates not withstanding that it had not compulsorily acquired the same and paid compensation to me. NCC is actively disposing off and illegally offering the suit property to private developers which greatly prejudices me. The County has been assuming not only ownership but has also demanded rates and land rents over the property which they have been in occupation from inception,” he adds.
“Both the national and county government have illegally invaded my land and have carried out an unlawful survey on part of my property. Due process for compulsory acquisition of my property was not followed by the respondents prior to their occupations, use and disposal I have never consented to or approved the sales or disposal of my property by the respondents,” he says.