Listen to This Article Enhance your reading experience by listening to this article.

The Ethics and Anti-Corruption Commission (EACC) is currently probing a private developer who is alleged to have fraudulently acquired a prime 5.12 acres of land belonging to Nairobi county, in Karen.

The developer, on the other hand,  is now seeking compensation of Sh1.28 billion after the county government compulsorily reclaimed the land.

The anti-graft body is probing Davjon Group Ltd whose directors are David Muriuki Mambo and Jonathan Maingi Mutuku.

EACC says the land in dispute had been reserved for sewage work and staff housing and is still being used by the Nairobi city water and sewerage pond.

Preliminary investigations by the anti-graft watchdog indicate that the parcel was allocated to Nairobi City Council in 1969 subsequent to the approval of a land survey plan dating back to 1966.

“On July 4, 1969, the City Council of Nairobi accepted the offer and paid the stand premiums. On December 4,1969, the Commissioner of lands issued a draft grant to the City Council of Nairobi for LR 12037 (originally No. 2259/144) for acceptance,” EACC source told People Daily.

 “On January 5, 1970, the City Council of Nairobi returned the accepted signed grant to the Commissioner of Lands for registration. On 13th May 1970 a Grant IR 23361 for LR No. 12037 was registered in the name of the City Council of Nairobi,” the source further said.

Request change

 Subsequently, on November 28, 2000, the Commissioner of Lands informed the Town Clerk that the government had approved the requested change, effective November 1, 2000, with conditions including the surrendering of the existing title for a new one reflecting the updated land use and rent, submitting the approved deed plan, and paying the necessary legal fees for the surrender.

“On June 13, 2013, the Town Clerk and the Mayor surrendered the Grant IR 23361 in consideration of approval of extension of term in respect to LR. 12037. On June 14, a new Grant IR 146032 for LR No. 12037 was registered in the name of The City Council of Nairobi,” said the source. “On November 18, 2013 parcel number LR No. 12037 was transferred through an instrument of transfer between the City Council of Nairobi and Davjon Group Ltd. The instrument of transfer was executed by officials of the Council that is, the Mayor and Town Clerk and sealed by the common seal of the Council. On November 19, the land was leased to Davjon Group Ltd for a term of 99 years from January 1, 1969 at an annual rent of Sh1.2 million.”

The source added that by the time the instruments of transfer were allegedly executed by the Mayor and Town Clerk, the City Council of Nairobi was not in existence as County Governments had come into operation through the operationalisation of the New Constitution.

At the same time, Davjon Group Ltd has filed a suit in the High Court against Nairobi City Water and Sewerage Company, County Government of Nairobi, NLC & Chief Land Registrar in Court ELC No. E198 of 2023.

Davjon Group Ltd alleges that the Nairobi Sewerage and Water Company is interfering with its beneficial use of the suit property,” said the source.

In the suit, Davjon Group is seeking a total payment of Sh1.28 billion; the amount includes Sh 1,180,000,000 as compensation for what they claim is the compulsory acquisition of their property.

Additionally, the company is seeking Sh 50 million for specific damages related to the costs incurred for the preparation and registration of the lease, along with interest and another Sh50 million as compensation for the expenses associated with improving the property in question.