The Ethics and Anti-Corruption Commission (EACC) on Thursday recovered a grabbed public land valued at Sh430 million.
According to a statement by the Commission, the recovered 0.8979 Ha land, had been reserved as an interchange for Mombasa Road and Eastern Bypass (at Cabanas).
The recovery judgment was delivered by Lady Justice Komingoi of the Environment and Land Court, Milimani.
EACC said it conducted an investigation revealing that contrary to the reserved use of the land, a former Commissioner of Land and an ex-Registrar of Titles granted the land to Wak Limited for a term of 99 years.
This took place on or about February 28, 2001.
"Investigations further revealed that on March 30, 2001, Wak, in conspiracy with and consent of the Mwaita, transferred the land to Redwood Properties," EACC said.
However, according to the Registrar of Companies, Wak was non-existent at the time of allocation.
This means that the company was not a legal entity, lending credence to conspiracy and collusion between Redwood, Mwaita and Wangila.
The anti-graft body said upon concluding its investigations, it sought a recovery suit on December 18, 2006.
On September 15, 2008, EACC moved to court seeking orders to preserve the land from further interference, while awaiting a hearing and determination of the recovery suit.
Delivering the judgement Thursday, Komingoi issued a permanent injunction restraining Redwood Property, its servants or agents from alienating, transferring, charging or in any other manner dealing with the aforementioned land.
The Court nullified the grant made to Wak, as illegal adding it did not vest any lawful title on Redwood.
"A declaration that the transfer of the grant to Redwood on or about March 30, 2001, in respect of the suit property was made fraudulently and illegally and is void and did not vest any lawful title," the Court added.
Lady Justice Komingoi further ordered the cancelling of the entries made in the grant and transferred in favour of Wak and Redwood.
