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Former Secretary of the Cabinet of Education, Fred Matiang & i, and PS Belio Kipsang ignored the ministry's internal report authorizing payments of 1.5 billion shillings for land controversial Ruaraka, it has been revealed. A team charged by the Ministry of Education to investigate the ownership of the land had concluded that the plot occupied by Ruaraka High School and Drive-In Primary was public.
The report of the Task Force on Quality Assurance and Standards was submitted to Matiang & # 39; i and Kipsang on February 3, 2017 – 11 months before the duo granted the payment of 1 , 5 billion shillings to businessman Francis Mburu
This was part of Sh3.2 billion that the government had agreed to pay before the scandal broke out in the public
According to the report , the land was sold for public use by Drive-In Estate, a sister company to Afrison Import Export Limited, as a mandatory condition for subdivision
Read: The land of Sh3bn Ruaraka was acquired in a hurry, CS Amina told the deputies in the probe
"Documents took advantage of the school, it was obvious that the surrender of a party" The evaluation report concluded.
"The panel established that the Ruaraka High School and the Drive-In-Estate Primary School had been built for the first time. established on lands of public utility ceded by Drive-In-Estate and registered by the Survey of Kenya as school plots.
The five-person team led by Nairobi regional education coordinator, John Ololtuaa, concluded that Mburu had no foundation.
"Having been surrendered a piece of land for public utility, the court held that the plaintiff had no reason to indemnify the land," the report concludes. Evaluation. 1965-19002 The team recommended that the chairman of the National Land Commission, Muhammad Swazuri and Matiang & # 39; i, speed up the processing of documents related to school lands in order to protect the property from encroachment or encroachment.
The team said that Ruaraka High School occupied 7.6 acres according to the attribution letter Ref. No. 108096/57 dated June 28, 1999.
In fact, the school paid 3,566 shillings for the 1999 award letter
Read: The Ruaraka Land Broker Becomes Witness to the State
the institution was the public primary school Drive-In, a public primary school, whose land ownership documents were held in trust by the County of Nairobi, as could be seen. Expect land records from all public primary schools in Nairobi.
But a month after submitting the report, Matiang & # 39; i wrote to Swazuri to initiate the acquisition of the land, which he described as "private".
"The Ministry of Education has determined that it necessary to acquire all the land on which are located the respective two aforementioned institutions.I therefore formally request the National Land Commission to initiate the process leading to the acquisition of private lands, "writes his letter
.The Matiangi letter was motivated by a letter written by Swazuri to Kipsang stating that under the Constitution, the minister who can ask the commission to acquire land
Matiangi's letter dated March 17, 2017 triggered the process leading to compensation, followed by a legal opinion written by the Attorney General Githu Muigai on June 29, 2017, in which he stated that Afrison had refused the condition of subdivision of the land on April 3, 1984.
Yesterday, the Secretary of Education Cabinet Amina Mohamed appeared return the ball Matiang & # 39; i, his predecessor, blaming the ministry for not following up on the recommendations of the report.
"After the process was initiated by the National Land Commission, a team was sent to verify facts on the ground.The team came back with a report.The recommendations contained in the report do not include have not been fully followed, "said Amina at the Senate Public Accounts Committee chaired by Senator Moses Kajwang of Homa Bay
last Thursday, the Star exclusively reported how officials – Matiang & # 39; i, Kipsang and Swazuri – Ignored a court order setting compensation for the land at Afrison.
Read also: Swazuri landlord & # 39; will be accused of the Ruaraka land scandal
The Okiya Omtatah activist had filed a petition in November 2016, opposing what he calls as "unjust enrichment by Afrison Import Export and Huelands Limited of many payments made by the state for multip acquisition. LR No. 7879/4. "
The High Court granted an injunction on December 13, 2016, which remains intact to
In her presentation to the Senate Committee, Amina said that she did not understand why the payment had been made hastily.
She said she did not consider payments as an emergency that required "
" The letter we received from the National Land Commission told us that we needed to urgently compensate this land. When I read this letter, I had the same question in my mind; she asked, "I did not have any discussion with those who were in office then to find out why there was an emergency for compensation. . Maybe at that point, there was some urgency to solve the problem. Last month, the National Assembly Land Committee, which investigated the case, concluded that the parcel procurement process was fraudulent and hinted that the Ministry of the Landlord 39, Education, Treasury officials and NLC to defraud the taxpayer.
Read: Ruaraka plot: Mburu's house is attacked while probe intensifies
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