Court dismisses corruption petition against Lands CS Wahome over Southlands housing project

The High Court has dismissed a petition accusing Lands Cabinet Secretary Alice Wahome of corruption, irregular procurement and abuse of office in the Southlands housing project. Delivering the judgment, Justice Patricia Nyaundi ruled that the claims raised by petitioner Francis Awino on May 13, 2025 were unsubstantiated, and the petition was dismissed with costs to the respondent.

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. “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, adding that constitutional adjudication is not speculation and evidence must be provided.

Awino had argued that Wahome, 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 (Kensup) towards private profit and elite capture. He alleged that evictions were executed without due process, alternative housing or compliance with constitutional and human rights standards on housing and land rights, and claimed non-competitive procurement, financial mismanagement and the unexplained acquisition of a Sh120 million Karen mansion that he said was structured through shell companies, proxy purchasers and nominal directors.

In her defence, the Lands CS maintained that the petition was unfounded and relied on broad, generalised allegations without identifying specific obligations breached or the exact acts and omissions that caused the alleged violations. She said the allegations regarding the Karen property were speculative and lacked proof of ownership, acquisition, funding sources or any nexus to unlawful conduct, and that claims of forced evictions and displacement were unsupported by particulars. The Ministry of Lands, Public Works, Housing and Urban Development, an interested party, told the court that tenders for affordable housing projects were procured through open tendering and evaluated under the Public Procurement and Asset Disposal Act, while the Ethics and Anti-Corruption Commission said Awino had not lodged a complaint to trigger investigations and had not exhausted administrative remedies.

Awino had sought sweeping reliefs, including declarations that the CS’s actions on the Karen property breached Article 75(1)(c) of the constitution and amounted to improper enrichment, that the Southlands project was marred by irregular procurement violating Article 227(1), and that she was unfit to hold public office. He also sought orders compelling disclosure of the source of funds for the Karen property, suspension of the Southlands project pending an independent audit, an independent commission of inquiry and resettlement of displaced residents.