Education Cabinet Secretary Amb. Amina Mohamed has claimed that the law was not followed while acquiring the Ksh 3.3 billion Ruaraka land.
According to Ms Mohamed, the land where Drive inn school is located is a public land.
In his statement Amb Mohammed said,”If anything is brought to my desk, I will determine if we are getting value for money. At the very least, I will budget for it before carrying out any transaction. Things should have been done differently,”
She was speaking while she appeared before the Senate Committee on County Public Accounts and Investments.
The government has already paid Sh1.5 billion for the land, whose size is also debatable.
She further added saying that the land is 13.5 acres but the National Land Commission insists on 13.7.
In addition she said to the committee chaired by Homa Bay Senator Moses Kajwang that the commission initiated the process of acquisition in 2017, effectively shifting blame from her ministry.
Sh 1.5 billion that has already been paid was wired to Whispering Palms Ltd on January 30 against the recommendation of a task force formed by the ministry.
The February 2 report recommended that the firm should not be compensated as the land was public. The company is owned by Mr Francis Mburu.
Amb. Mohamed further added saying, “The ministry has provided this committee with the report from our team because we believe it is true. The facts and recommendations are there”
The minister added that the recommendation by the five-member panel should have been implemented, an apparent indictment of her predecessor Fred Matiang’i, now Interior CS.
According to the task force, chaired by Nairobi Regional Education Coordinator John Ololtuaa, the land was surrendered for public use in accordance with the law.
Lands CS Faridah Karoney and Nairobi Governor Mike Sonko have also faced the Senate committee over the issue.
According to a report, “Having been a surrendered portion for public utility, the panel’s view is that the claimant has no basis for compensation.”
The report advised the Education CS and NLC chairman Muhammad Swazuri to facilitate the processing of title deeds for the schools. It said doing so would cushion schools against grabbing.
The task force also urged Mr Paul Omondi, the official receiver and liquidator, to release the schools’ land documents.
Despite this, Ms Mohamed told the lawmakers that the ministry was yet to receive the title deeds.
The team was constituted after Dr Swazuri wrote to Dr Matiang’i on Aug 29, 2016, informing him of complaints by Afrison Export and Import Ltd and Huelands Ltd.
On March 17, Dr Matiang’i authorised the acquisition.
The Ruaraka land saga has been one of the most convoluted cases, with twists that have in the past months bewildered observers like a jinxed piece of earth.
The main question has been whether city businessman Francis Mburu and his company, Afrison Import Export Limited, got compensation for a land that had been surrendered to the government before the development of the housing units today occupied by the General Service Unit (GSU) officers.
On the land in question stands Ruaraka High School and Drive-inn Primary School, which still have no title deed to the parcels they occupy, but are clutching on allotment letters.
The land was originally owned by Joreth Limited, the 96-acre LR No. 7879/4 was then bought by Afrison Import Export Ltd owned by Mr Mburu and Huelands Ltd on December 30, 1981 and was on the same day used as collateral to secure a loan of Sh21 million for the construction of 500 maisonettes for the defunct Kenya Posts and Telecommunication Corporation.