A former Kenya Revenue Authority official has been given 30 days to demolish his five apartments built on KRA land in Mtwapa.
The Environment and Land Court in Mombasa ordered Francis Wahome, his wife Ann Gathoni, their three sons Victor Wahome, Edward Kagume and David Mwangi to remove all structures they built on the prime land at Creek Side area in Mtwapa, Kilifi County.
Failure to do so, the Ethics and Anti-Corruption Commission who are the applicants in the suit have powers to forcefully remove the structures and the costs will be upon the defendants. Justice Sila Munyao also imposed a permanent injunction restraining the family from accessing the disputed land and further annulled a title deed that Wahome and his family have been holding since 1996.
Misuse of his position
Munyao declared that the land had been illegally, irregularly and fraudulently converted and renumbered from MN/111/293 to MN/111/2974. Wahome’s 1996 title was done by Wilson Gacanja in favour of Frann Investment Limited, a company owned by Wahome and his family. At the time of allotment, Gacanja was the Commissioner of Lands
Gacanja will pay a fine of Sh 1million for misuse of his position at the landโs office and breaching trust. The judge said the defendants went ahead to develop the land despite KRA putting up a notice of owning the land.
โThey undertook the development at their own risk without first ensuring that they have a clean title to the land. They further could not stomach a head-to-head fight with KRA and that is why they did not sue them for the title,” said Munyao.
This is the second case in Mombasa where the EACC has successfully recovered government land grabbed during the Moi era. In March, Munyao ordered former Lands Commissioner Sammy Mwaita to surrender a house he awarded himself during his tenure. The house was among those constructed in Bamburi area to accommodate civil servants.
