EACC seeks to recover Sh1.3b KBC land grabbed by private investors

The Ethics and Anti-Corruption Commission (EACC) wants to reclaim land valued at Sh1.3 billion, which was reportedly grabbed from the national broadcaster.

The 20.17-acre land in Karen was acquired by the government in 1966 for the Voice of Kenya, now the Kenya Broadcasting Corporation (KBC), as a transmission station.

Nearly six decades later, the land is now entangled in competing private claims, disputed titles, and allegations of fraudulent subdivision and reallocation.

In a case filed at the Milimani Environment and Land Court, EACC accuses a network of private companies and former senior government officials of orchestrating an unlawful takeover of the public land 

Named in the suit are Kyaloka Property Development Company Ltd, Mbukoe Investments, Lurids Enterprise, Cosmas Kyalo Muthembwa, and former Commissioner of Lands Sammy Mwaita.

The government is said to have acquired the property, registered as LR No. 6861/1 (IR 9479/5), from Reginald Alan Collis for Sh12,000.

However, court documents filed by EACC claim that by the early 2000s, the status of the land began to change in ways investigators describe as irregular and unlawful.

Mwaita, is accused of irregularly subdividing the original parcel into two portions: LR No. 26325 and LR No. 26326 on May 9,2002.

Court papers reveal a cascade of irregular actions bearing his signature and that this subdivision significantly altered the integrity of the original public asset.

LR No. 26325 measured approximately 0.2967 hectares, while LR No. 26326, measuring 7.837 hectares, was retained under KBC but no longer reflected the original 20.17-acre allocation according to records at the Ministry of Lands arthi house.

Shortly after the subdivision, LR No. 26325 was allegedly allocated to Kyaloka Property Development Company, whose director is Cosmas Kyalo Muthembwa, in February 2003.

The case is complicated by allegations that the same land was simultaneously rebranded as LR No. 25791 in 2002, creating what investigators describe as parallel and conflicting land records at Ardhi House.

Perhaps the most audacious element of the case involves two companies Mbukoe Investments and Lurids Enterprise, who are alleged to be in possession of title over the entire original KBC parcel, now renamed LR No. 25791.

EACC further claims that on or about January 4, 1999, a letter of allotment was issued to Lurids Enterprises and Mbukoe Investments, both unincorporated entities at the time.

On or about February 13, 2002, a grant was purportedly issued to the two companies over the suit property, now renamed as LR No. 25791, by Mwaita.

"The 3rd and 4th Defendants were not incorporated at the time the Grant was issued to them in 2002. The 4th Defendant was incorporated on November 18, 2019, and the 3rd Defendant was incorporated on August 23, 2019. Both companies received title to public land in 2002, but were only incorporated as legal entities in 2019," claims the agency.

“This means the companies received title to land 17 years before they legally existed.” 

Even more troubling, court filings reveal that the directors linked to these firms Elizabeth Wangui Mbugua and Pauline Mwemba Kirombo had previously challenged the allotment in HCCC No. 534 of 2002, later withdrawing the case after acknowledging that the land belonged to KBC and that required payments had not been made.

Despite this, the grant was still allegedly processed.

EACC documents also raise serious conflict-of-interest concerns involving individuals linked to the transactions.

One of the companies, Lurids Enterprises Limited, is allegedly beneficially owned by Pauline Mwemba Kirombo, who at the material time was a public officer within the Lands ministry.

Investigators argue that this points to abuse of office and manipulation of public trust to acquire state land.

“The involvement of public officers in the acquisition of land reserved for public use raises serious ethical and legal questions,” EACC submits.

The Commission further warns that the disputed land is currently under active subdivision processes.

Investigators claims that Mbukoe and Lurids have begun creating multiple sub-parcels ranging from LR No. 25791/2 to LR No. 25791/41, signaling potential disposal plans the stolen land.

The agency argues that this poses an immediate risk of loss of the multi-billion public property and has therefore sought urgent court orders.

Among the interim orders EACC seeks include to freeze any further transactions, transfers, or developments on both disputed parcels.

The Commission is also seeking cancellation of all titles derived from the disputed allocations, reinstatement of the land to KBC, and damages against former Commissioner Mwaita for his alleged role in the transactions.

The court gave Mwita, the companies and their directors 14 days to file and serve their responses ahead of the hearing on May 14, 2026.