Of all the posse of career civil servants, politicians and advisers who were in the inner circle of President Daniel Moi during his 24 years at the helm, two of them emerged extraordinarily wealthy in a manner that has often been called into question.
Nicholas Biwott, a former Cabinet minister and Joshua Kulei, President Moi’s personal secretary, rose from obscurity and by the time Moi left power in 2002, they had joined the exclusive club of Kenya’s billionaires.
Over the course of Moi’s presidency, they built enviable business empires spanning nearly all sectors of the Kenyan economy. Their businesses stretch beyond Kenya’s borders all the way to Namibia, Australia, the United Kingdom and Luxembourg.
The Ethics and Anti-Corruption Commission (EACC) wants the High Court to declare four parcels of prime land in Eldoret town public property and the allocation to a company associated with former President Daniel Moi and late minister Nicholas Biwott illegal.
In submissions filed in court, the EACC said the land, where the Eldoret fire station and administration police camp stand, had been set aside for public use. The four parcels of land were allocated to Lima Ltd between 1995 and 1998.
The defunct Kenya Anti-Corruption Commission filed the case in 2006 seeking to find out whether the land was set aside for public use and whether it was validly alienated.
“EACC has proved to the required standards that the suit properties were reserved for public utilities and are in actual use of public bodies,” the anti-graft agency stated in the submissions filed on November 19.
According to the EACC, the parcels on Uganda Road, Oginga Oginga Street, Elgeyo Road and the road connecting Uganda Road at Zion Mall junction were reserved for a district commissioner’s office, courts and an AP camp.
Documents filed in court stated that in meetings of the board of survey for government offices and houses held in the DC’s office on September 7, 1995, and January 11, 1996, all government and municipal houses on the land were earmarked to be brought down, paving the way for allocation.
And save for block 4/157 which was allocated to Lima Ltd, all other parcels were not available for alienation. The commission says the houses were targeted not because they were old and incapable of repair but due to sitting on prime land and needed to pave the way for commercial development by private entities.
The agency said the process was in disregard of public interest. “If the buildings were old, why not repair or rebuild them?” the EACC asked.
The commission said the allocation to private entitles did not make sense and the logical conclusion is that the proposed allottees were powerful people.
Memorandum and Articles of Association dated September 18, 1975, indicated that the company belonged to Mr Robert Wilson and Mr Moi and the annual returns for 1995, when the allotments were made, indicated the directors were Mr Biwott and Gideon Kipsiele Moi.
Records in court show that on or about August 21, 2002, Trans National Bank advanced a loan of Sh21 million to Lima Ltd and charged the titles as security.
In October 2010, the Uasin Gishu land registrar, Mr Tom Chepkwesi, revoked the titles and the bank recorded consent in 2006 cancelling the registration of charges.
Moi &Biwott killed us. Kibaki lied to us will get back our land,we never got it.We won’t leave without our land unless you kill us- Squatter
— Boniface Mwangi (@bonifacemwangi) December 11, 2015
In reply, former Commissioner of Land Wilson Gachanja, who has been named in the case, denied the property was reserved for public use. He said the land was, therefore, available for allocation to Lima. Mr Gachanja defended the allocation, stating that he acted within his powers as he stood to gain nothing from the transaction and as such the claims of fraud are misconceived.
The commission has faulted Mr Gachanja for purporting to exercise power that he did not possess by allocating land that was not available for alienation and failing to consider the public interest in the process.
The parcels in contention are Eldoret Municipality Block 4/53, 54 and 55 and block 4/129.
Justice Anthony Ombwayo will give his decision on February 6.