Investigations by the Ethics and Anti-Corruption Commission (EACC) have established that on 28thFebruary 1967, the City Council of Nairobi (CCN) purchased eight parcels of land LR. No. 36/VII/253 – 260 from Pantaleao Assumpcao De Souza at a cost of Kshs. 28,000/=. This was executed through an Indenture of Conveyance before the parcels were transferred and registered in favor of CCN.
The properties were acquired for purposes of expanding the Pumwani Maternity Hospital which is a public referral maternity hospital offering maternal health care to the general public.
In 1995, the parcels were illegally allocated and transferred to various allottees using Indentures of Conveyance prepared in 2007 which were later registered between 2008 and 2010. The current registered proprietors of the parcels are as follows:
- Parcels 253, 258, 259 and 260 are registered in favour of Kennedy Wainaina Ngenga
- Parcels 254 is registered in favour Leading Developers Limited
- Parcel 255, 256, and 257 are registered in favour Jama Musa Hussein
EACC has instituted the following recovery proceedings to restore the parcels to their intended public use against the registered proprietors in the Environment and Land Court:
- ELC No. 94 of 2020 EACC v Nelson Waswa Otido & 4 Others;
- ELC No. 359 of 2021 EACC v Leading Developers Limited & 6 Others and;
- ELC No. 360 of 2021 EACC v Kennedy Wainaina Ngenga
There are Injunction Orders in force barring selling, charging, leasing, transferring, wasting, disposing or in any way dealing with the parcels of land.
The value of the properties is as follows:
|Parcel Number||Area (Hectares)||Area (Acres)||Current Value (Kshs)|
|LR. No. 36/VII/253||0.1185||0.2928||70,000,000/=|
|LR. No. 36/VII/254||0.0894||0.2209||50,000,000/=|
|LR. No. 36/VII/255||0.0894||0.2209||50,000,000/=|
|LR. No. 36/VII/256||0.0894||0.2209||50,000,000/=|
|LR. No. 36/VII/257||0.0968||0.2392||54,000,000/=|
|LR. No. 36/VII/258||0.0968||0.2392||54,000,000/=|
|LR. No. 36/VII/259||0.0968||0.2392||54,000,000/=|
|LR. No. 36/VII/260||0.1286||0.3178||70,000,000/=|