December 4, 2020


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Itumbi seeks to commence private prosecution against Matiang’i over Ruaraka land

3 min read

The Ruaraka land saga has resurfaced yet again with former State House digital director and blogger Dennis Itumbi seeking to sue Interior CS Fred Matiang’i over alleged irregular compensation amounting to billions of shillings.

Itumbi who has filed an application at the Milimani Anti-Corruption Court Chief Magistrates Court has named the CS as the first respondent in the matter that he wants certified as extremely urgent in which he claims Kenyan taxpayers lost Ksh. 1.5 billion.

Itumbi states that Dr Matiang’i who was in charge of the Ministry of Education at the time, initiated the process of compulsory acquisition of part of L.R No. 7879/4 situated in Ruaraka for the benefit of two government learning institutions namely; Drive-In Primary School and Ruaraka High School.

He alleges that Matiang’i ignored the recommendations in the Quality Assurance and Standard Investigative Report that advised that the land where the two government learning institutions were situated was public land and that the two companies Afrison Export-Import Limited and Huelands Limited had no basis to be compensated.

“In the process of undertaking this noble project, the Kenyan taxpayers lost Ksh. 1,500,000,000 due to the 1st Respondent’s abuse of office, negligence, conspiracy and/or collusion” part of the application reads.

The controversial blogger is now seeking to be granted permission to conduct private prosecution defending his action as an initiative to neutralize what he says is an attempt to stifle the criminal justice system.

He has listed the Director of Public Prosecutions as the second respondent in the 193-page affidavit for allegedly failing to prosecute the CS over the same while the Ethics and Anti-Corruption Commission has been enjoined as an interested party.

“Demonstrable grounds exist for believing that a grave social evil is being allowed to flourish unchecked because of the inaction of a pusillanimous Director of Public Prosecution and Office of the Ethics and Anti-Corruption Commission who are guilty of a capricious, corrupt or biased failure to prosecute the 1st Respondent,” he stated in the affidavit

He says the DPP who has state powers to prosecute according to Article 157 of the Constitution had displayed a nonchalant attitude in the saga that is of public interest.

“Despite being forwarded the investigating file by the Interested Party to prosecute individuals, the 1st Respondent being among them, has since displaced a nonchalant attitude in dealing with this irregular award despite it being a public interest case; the refusal by the 2nd Respondent to prosecute the 1 st Respondent is culpable and in the circumstance without any reasonable cause;

In 2018, businessman Francis Mburu, was paid Ksh.1.5 billion by the Ministry of Education, through the National Land Commission, as compensation for the 13.5 acres parcel of land, on which the two schools are built.

The controversial payout was flagged by then Auditor General Edward Ouko whereas the high court last year ruled that the property was public land.

“…..We therefore find that the compulsory acquisition of the land on which the two schools sit did not meet the threshold of public purpose and should not have been undertaken in the first place. One cannot purport to compulsorily acquire what is already public land,” a three-judge bench ruled.





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