The High Court has dismissed a petition accusing Lands CS Alice Wahome of corruption, irregular procurement and abuse of office in the Southlands housing project.
Delivering the judgement, Justice Patricia Nyaundi ruled the claims raised by petitioner Francis Awino on May 13, 2025, were unsubstantiated.
The court held that the petition contained broad allegations without identifying the specific constitutional obligations breached, the persons affected or evidence linking the respondent to the alleged violations.
Awino had argued that the respondent, as the minister responsible for land, housing and urban development, presided over a project that deviated from the pro-poor objectives of the Kenya Slum Upgrading Programme towards private profit and elite capture.
In his petition, Awino claimed the CS did not comply with Kensup’s objectives and presided over a process that excluded and displaced the original residents of Southlands, while prioritising politically connected contractors and elite real estate interests.
“It is the petitioner’s case that evictions were executed without due process, provision of alternative housing or compliance with constitutional, statutory and international human rights standards on housing, land rights and forced displacement,” the court heard.
“Despite affected persons raising complaints with the Ministry about non-disclosure of project designs, resettlement terms, beneficiary selection criteria and allocation modalities of finished housing units, the same were either ignored or met with dismissive and non-committal language.”
He alleged non-competitive procurement, financial mismanagement and the unexplained acquisition of a Sh120 million Karen mansion.
“The petitioner contends that whistleblowers and officials report indicate that the Karen mansion transaction was deliberately structured through shell companies, proxy purchasers and nominal directors to conceal the true beneficial owner,” the court heard.
“This raises inference of concealment, conflict of interest and money laundering, given the respondent’s official role and proximity to public funds. In addition, the respondent has failed to provide verifiable documentation to rebut these claims, thereby violating her constitutional obligation to act transparent and with integrity.”
Awino sought sweeping reliefs, including a declaration that the CS's actions on the Karen property violated Article 75(1)(c) of the constitution and amounted to improper enrichment, a declaration that the Southlands project was marred by irregular procurement violating Article 227(1) and a declaration that she was unfit to hold public office.
He also sought orders compelling full public disclosure of the source of funds for the Karen property, suspension of the Southlands project pending an independent audit, establishment of an independent commission of inquiry, resettlement of displaced residents and accountability through disciplinary measures or criminal prosecution
In her defence, the Lands CS maintained that the petition was unfounded.
Wahome argued the petition relied on broad, generalised allegations without identifying specific constitutional or statutory obligations she breached, or the exact acts and omissions that caused the alleged violations.
“Allegations regarding the Karen property are speculative, lacking proof of ownership, acquisition, funding sources or nexus to unlawful conduct,” the CS held.
“The allegations of forced evictions, displacement and violation of the rights to dignity, property and housing are unsupported by particulars identifying the persons affected, the circumstances of the alleged violations, the persons or institutions responsible therefore, or any evidence demonstrating that the respondent ordered, authorised or participated in the alleged acts.”
The third interested party, the Ministry of Lands, Public Works, Housing and Urban Development, said tenders for affordable housing projects were procured through open tendering and evaluated under the Public Procurement and Asset Disposal Act.
The Ethics and Anti-Corruption Commission, the fifth interested party, said Awino had not lodged a complaint to trigger investigations and had not exhausted administrative remedies.
In her ruling, Justice Nyaundi held that constitutional adjudication is not speculation and evidence must be provided.
“The court cannot be invited to roam through bare assertions in search of evidence that a litigant has declined to place before it,” the judge said.
“The petitioner has presented an avalanche of allegations against the respondent; she has irregularly acquired a property in Karen but provides no evidence as to the existence of the property and the respondents acquisition of it.
“Further, he asserts that the respondent has presided over a fraudulent enterprise involving projects in her ministry, including the Affordable Housing Programme, the Kenya Slum Upgrading Programme and the Southlands housing redevelopment project. Again, no evidence is tendered to support whether it is the alleged irregular procurements, favouritism and other breaches.”
The petition was dismissed with costs to the respondent.
