Forged documents used in Ksh.1.5B Ruaraka land conspiracy: EACC

The Ruaraka land compensation paid out in January this year to Francis Mburu points to an intricate web of conspiracy that the Ethics and Anti-Corruption Commission (EACC) claims was largely anchored on forged documents.

EACC in documents submitted to the Environment and Lands Court, alongside an affidavit signed by one of its forensic investigators, Alfred Joel Mwendwa, holds that Mburu had already surrendered the parcel of land.

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He however proceeded to claim compensation from the Education Ministry through the National Land Commission.

Drive Inn Primary and Ruaraka Secondary schools are built on the land that is at the centre of a controversial tussle between the government and the businessman.

In essence, EACC says the Government was hoodwinked into buying a 13.5-acre parcel of Ruaraka land that it already owned.

According to the anti-graft agency; Mburu, through a company known as Drive Inn Estate Developers, surrendered a portion of the 96-acre parcel of Ruaraka land in November 1983 for public use.

This was after a conditional subdivision approved by the then Nairobi City Council.

The key condition was that the Ruaraka land would be used to establish a nursery, primary and secondary school; a social centre, a special purpose plot and shopping centres in land that would be surrendered to the government at no cost.

However, on March 14, 1984, Nairobi City Council was perturbed by Mburu’s request for compensation of Ksh.5.85million for the surrender on the basis that the Ruaraka land on which the two schools would be built was private.

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Mburu claimed that the land ought to have been paid for before acquisition.

When his compensation request was turned down, Mburu wrote to the Director of Planning at City Hall in April 1984.

He stated that he was no longer interested in the conditional approval of the Ruaraka land subdivision and wanted the entire application cancelled.

However, barely a month after the purported cancellation of the subdivision application, Mburu’s company Drive Inn Estate Developers, requested the Commissioner of Lands to reallocate him the portion of land that had been surrendered.

This he said was to allow them to construct the schools and shopping centre.

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In February 1985, Drive Inn Estate Developers declined to sell a 1.7-acre parcel of land to one Bidan Mbugua, stating that the portion of land had been surrendered for the construction of a primary school.

EACC is also accusing Mburu of seeking compensation through documents acquired in a fraudulent manner.

This includes a notification of approval of development communicated by J.K. Bare who was the then Director of City Planning and Architecture.

EACC wants the court to compel Mburu to pay back the Ksh.1.5billion that he received in January this year as phase one of the Ksh.3.2billion that he is seeking from the Education Ministry as compensation.

The Commission also wants the court to stop a further Ksh.1.7billion compensation to Mburu and order the processing of title deeds for Ruaraka Secondary and Drive Inn Primary schools.

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