Digital Strategist Dennis Itumbi has filed a private prosecution case seeking to sue Interior CS Fred Matiang'i over the Ksh 1.5 billion Ruaraka land scandal.
In papers seen by Kenyans.co.ke, Itumbi wants Matiang'i charged with corruption which may force the CS to step-aside if the court agrees with Itumbi's argument.
Matiang'i was allegedly accused of overseeing a project which saw taxpayers lose money. Two parcels of land located at Drive-In Primary School and Ruaraka High School were purchased during Matiang'i's tenure as Education CS.
The process was opposed by two private companies who claimed to own the land; Afrison Export-Import Limited and Huelands Limited.
Matiang'i later formed a committee to investigate the claims and it was ascertained that the land had already been surrendered to the public.
The CS allegedly disregarded the report and directed the National Land Commission to purchase the land in the interest of the public despite the commission reporting that it had already been surrendered to the government.
The National Land Commission responded to the Ministry of Education via a letter dated April 24, 2017, requesting it to set aside funds amounting to Ksh 3,269,040,600 inclusive of the 15% statutory disturbance allowance. Kshs 1.5 Billion was for compensation for the schools’ land.
The purchase order also circumvented a court order issued on December 13, 2016, filed by activist Okiya Omtatah Okoiti which prohibited the National Land Commission and other government bodies from making further payments to the two companies.
"Matiangi's order to purchase the land was the one that set all the necessary motion for the taxpayers to lose Kshs. 1.5 Billion money that would have been used to realize the socio-economic rights most Kenyans lack," Itumbi stated.
He further accused the Ethics and Anti-Corruption Commission and the Office of the Director of Public Prosecution under Noordin Haji of laxity and failure to investigate the CS. Haji was also accused of delaying the case despite receiving a file from investigative agencies.
In June 2019 a High Court ruled that Matiang'i was not supposed to offer compensation to the two firms as the land belonged to the public.
Justice Benard Eboso, Elijah Obaga declared that NLC misled the Ministry of Education in compensating the firms.
