EACC Recovers Ksh2.8 Billion Karura Forest Land Linked to Ex-Minister Kamotho

The Ethics and Anti-corruption Commission (EACC) has recovered Ksh2.8 billion worth of public land that had been illegally excised from Nairobi’s Karura Forest and the Kenya Technical Teachers College (KTTC).

The Environment and Land Court in Nairobi ruled that the parcels of land; Nairobi Block 91/130, 91/333, and 91/386, were illegally allocated to private companies and individuals. Subsequently, the allocatons were declared nul and avoid, with the court ordering that they be reverted to te govenment.

“A declaration is hereby made that the alienation to the 1st and 2nd defendants of the land comprised in Nairobi Block 91/130/333 and 386 was irregular, fraudulent, and illegal and consequently null and void,” Justice David Mwangi said in the judgment.

“Further, the certificate of lease issued to and held by the 1st Defendant in respect of Nairobi Block 91/386 was unlawfully and fraudulently obtained and is therefore null and void ab initio.”

In the case, the first defendant is Gigiri Court Limited, and the second is John Kamotho. Gigiri had acquired the land from Kamotho, a former Minister in the government of the late president Moi.

Investigations by the Kenya Anti-Corruption Commission, now EACC, revealed that the disputed 7.11-hectare parcel, valued at Ksh2.8 Billion, had been carved out of Karura Forest, a gazetted public forest, and land reserved for KTTC.

The allocations were made in the late 1980s and early 1990s. The Court observed that the allocation violated the Government Lands Act and the Forests Act, which prohibit the alienation of forest and public institutional land without proper legal processes such as degazettement.

Additionally, the court found that there was no evidence of any legal notice degazetting the portion of forest land or authorising its allocation.

The Commissioners of Lands, and defendants Wilson Gachanja and James Raymond Njenga, were found to have acted beyond their legal authority(ultra vires) when they approved the excision and allocation.

The EACC revealed that the land parcels were irregularly merged through dubious surveys and falsified documents to create a new title, Nairobi Block 91/386, which was later transferred to Gigiri Court Limited, a company linked to John Kamotho.

The company eventually sold the property to a private developer, who argued that they were an innocent buyer who had paid fair value for the land.

However, the court dismissed that argument, ruling that a title obtained through an illegal process cannot be protected, even if purchased in good faith.

The judge stressed that public land reserved for environmental or educational purposes cannot be converted into private property without proper legal procedures.

Following the ruling, the court ordered the cancellation of the lease certificates issued to Gigiri Court Limited, directed the rectification of the land register, and ordered that the property be returned to public ownership.

The EACC hailed the judgment as a major win for environmental justice and public accountability.

The reclaimed land, located within the green belt north of Nairobi, will now remain under the protection of the Kenya Forest Service and the Ministry of Environment.

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