The Ethics and Anti-Corruption Commission has rescued a Sh2 billion property belonging to the University of Nairobi from a private developer.
The developer, Abardares Engineering Contractors Limited, had laid claim to the 4.97 acres in Kilimani, Nairobi.
The university’s staff estate stands on the parcel, which is located at the junction of Argwings Kodhek and Galana roads.
An investigation conducted by the anti-graft agency after a complaint by the university in 2015 showed that the developer forged documents to claim the property.
According to the investigation report, Alfred Mwangi and his partner, whose name was withheld because he passed on, are listed as the company’s directors.
It states that Mwangi and his partner forged an allotment letter, deed plan and title deed and proceeded to sue the university to vacate the property.
“A complaint was received by the commission that the parcel belonging to the university has been grabbed and allocated to the company,” says the report.
Upon completion of the probe, the commission filed a suit on August 8, 2016, for recovery of the property.
Two months later, on October 15 and 24, Abardares Engineering Contractors Limited filed a defence, where it emerged that the firm had in 2011 instituted a suit in the Environment and Land Court, seeking to kick out the university.
The EACC applied for consolidation of the cases and proceedings taken out in ELC No 955 of 2016 before Justice Samson Okong’o.
Before the case could be concluded, and perhaps on realising he was destined to lose the case, Mwangi, through Munga Kibanga & Co Advocates, wrote to the commission on March 26, 2018, seeking to have the matter settled out of court.
The commission responded on June 27, 2018, requesting for a formal meeting to agree on the terms of the out of court settlement.
On July 16, 2018, the advocate forwarded the proposal to the commission, stating that his client had agreed to drop the civil case against the university and also forfeit the property.