BY SAM ALFAN.
Deputy President Rigathi Gachagua has been accused of using illegal means to acquire a disputed parcel of land worth Sh1.5 billion in Embakasi near Jomo Kenyatta International Airport.
Prof Gordon Okumu Wayumba, a surveyor in affidavit filed in court says that he believes Wamunyoro Investment ltd used illegal means to acquire a title deed to the land, in blatant violation of the Land Laws of Kenya and the Constitution.
The surveyor defended Michael Ohas, who is also laying a claim to the land, saying he was the first person to be issued with allotment letters for the property.
“It is also not disputed that the 1s Respondent took all necessary measures to ensure that the property was registered in his name although the process took longer due to his ill health,” says Prof Wayumba.
He said Ohas and Columbus Company Ltd are the rightful owners of the property measuring 2 hectares, known as LR NO. 209/12077.
He added that there are two correspondence files and both based on the deed plans issued to implement the allotment in favour of John Michael Ohas.
He also adds that at the Physical Planning Department, there are two Part Development Plans one for the Columbus Two Thousands ltd and another for the Wamunyoro Investment ltd when it is clear from the records that only one PDP was issued in favour of the Michael Ohas and four others.
Prof Wayumba further states that at the Survey of Kenya, there is only one computation file (Comps File Number 30790) and Deed Plan for Columbus Ohas used to implement the allotment in favour of the company.
He further claims that also at the Ministry of Lands there are no receipts and at the Ministry of Lands there are no receipts confirming any payments done by the Wamunyoro Investment ltd.
“Furthermore, at the Ministry of Lands, there are no Stamp Duty files, Memorandum or Valuation forms for the Plaintiff and on the other hand Columbus Two Thousands ltd and Columbus company has diligently been paying for the land rent,” he stated.
In support of Ohas and Columbus company position that the Suit Property was procedurally and regularly allocated and registered in favour of Columbus Two Thousands ltd.
“I believe that the clarifications in this Affidavit should lead to a declaration that the Title in favour of the 2nd Defendant/Respondent was duly processed through allotment, survey, and registration through allotment, survey and registration,” says Prof Wayumba.
Prof Wayumba further dismissed claims by senior assistant land registrar Nyandoro David Nyambaso, who is based at Ardhi House, who said the title held by Columbus Two Thousand limited was irregularly issued.
Prof Wayumba says that contrary to the allegations of Nyandoro in his affidavit that the first grant to Property LR. 209/12077 was issued to Karandi Farm ltd which grant was reported missing, the first grant to the Suit Property was issued to Ohas in 1994.
He adds that the Deed Plan mentioned by Nyandoro’s affidavit as the true and original copy used by Wamunyoro Investment ltd to prepare their purported title was actually prepared by myself.
“Contrary to the averments by Nyandoro, the Deed Plan was prepared for the purposes of implementing the grant in favour of the 1 Respondent and registration of title for the 2nd Respondent and not the Plaintiff,” he said.
He further adds that contrary to averments by Nyandoro, the Commissioner of Lands could not have been moved to register the property through an allotment to a third party using a Deed Plan intended to implement an allotment to the Ohas.
Further, and contrary to the averments by Nyandoro, in case of a First Grant, the Deed Plan is submitted to the Commissioner of Lands Directly by the Director of Survey upon the instruction through an Indent Letter.
Nyandoro in his affidavit told the court that Wamunyoro Investment Limited, which is linked to Gachagua held a title deed to the land and the same had never been revoked or cancelled.
“Under the circumstances, the title held by Columbus Two Thousand limited ought to be cancelled unless the court declares otherwise,” said Nyandoro.
Wilfred Muchae, the director of survey told the court that an examination of the application for a certified copy of the deed plan revealed that there were some anomalies which may not detected at the time of processing the application
