The Ethics and Anti-Corruption Commission (EACC) seeks to recover Sh221 million from former National Land Commission (NLC) director, Dr Salome Ludenyi Munubi.
Dr Salome Ludenyi Munubi was director of the valuation and taxation committee at NLC when the transaction took place.
According to EACC, Sh221, 375,000 was the loss occasioned to the public through compensation made by NLC to two private companies for four public land parcels in Embakasi, Nairobi.
National Land Commission had acquired the land for Kenya Railways (KR) for the Standard Gauge Railway (SGR) Project.
EACC believes that loss of public funds occurred when NLC paid two companies claiming ownership of Kenya Railways Land. The Companies EACC said was paid erroneously are Dasahe Investments Limited and Olomotit Investments Limited.
Dr. Munumbi’s attempt to stop EACC from demanding the lost money was declined by Environment & Land court in Nairobi.
She also wanted the court to allow her filling a judicial review to reverse EACC’s demand letter dated 28th September 2020.
Court Determination on the petition
Nevertheless Justice Samson Okong’o in declining the applications said he was not satisfied that Dr Munubi, had established a case against the EACC and the NLC to warrant the grant of her requests.
“The applicant has not satisfied me that the respondents (EACC and NLC) have violated any of her rights in the demand that has been made against her by the EACC.The applicant has not disputed that the EACC has a statutory power to recover loss occasioned to the public through corruption or other illegal means,” ruled Justice Okong’o.
Whether or not Dr Munubi is liable for the claim made against her by the anti-graft body is an issue that will be determined by the court which will hear the recovery proceedings that the EACC has threatened to institute, said the judge.
Just a demand letter
He also held that the letter Dr Munubi complained about is just a demand letter and if she fails to honour the demand, the EACC will have to institute civil proceedings for the recovery of the amount that has been demanded.
“When such proceedings are instituted, Dr Munubi will have an opportunity to defend herself. Most of the issues she has raised here as grounds for reviewing the EACC’s demand should form part of her defence in the said recovery proceedings,” stated Justice Okong’o.
In her application, Dr Munubi wanted the court to issue an order compelling the NLC to recover the said amount of money from the two companies.
The alleged lost funds belonged to Kenya Railways Corporation while the four parcels of lands in dispute were public land.
She told the court that in her capacity as a director of taxation and valuation at the NLC, she participated in the process of compensation in respect of the four land parcels that were compulsorily acquired by the land commission.
She said the claim for compensation in respect of the suit properties had been made by the two companies, which claimed to be the owners.
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