BY SAM ALFAN.
The Chief Land Registrar has told the High Court that a disputed land claimed by Deputy President Rigathi Gachagua and a retired civil servant has two title deeds.
The land near Jomo Kenyatta International Airport is claimed by a company linked to Gachagua and John Ohas through his company Columbus Two Thousand.
Nyandoro David Nyambaso told Environment and Land Court Judge Joseph Ongutu that the land was initially owned by Peter Mbugua , Pauline Mulinge and Karandi Firm limited.
The trio then transferred the parcel to Wamunyoro Investment ltd in 2012.
According to Nyandoro, the Sh1.5 billion land located near JKIA was transferred to Wamunyoro Investment ltd on 18th June ,2012 for Sh24 million.
About a year later on 27th June, 2013, the property was charged to Equity Bank Limited for Sh150 million.
A further charge of Sh50 million was registered on 8th June, 2016 under Day Book Number 636 and which still subsists.
He said on 2nd October, 2014, the Officer Commanding Police Station – Embakasi wrote to him requested for the verification of Title IR. 90923. LR No. 209/12077.
In response, the Chief Land Registrar confirmed Wamunyoro Investments Limited Title as genuine and forming part of the Land Registry’s records.
In his statement, which was adopted by the court ,on the other hand, the office of the Chief Land Registrar learnt that on 11th September, 2019 another Lease in respect of Land Reference Number 209/12077 measuring approximately two hectares was prepared in favour of Colombus Two Thousand Limited for a term of 99 years with effect from 1 February, 1994 at an annual rent of Sh. 138,400
The court heard that on 11th September, 2019, a Certificate of Title IR. 213652 LR. No. 209/12077 was issued in favour of Colombus Two Thousand Limited.
Earlier this week court heard the ministry issues two title Deeds and as it stands the property has two title Deeds but the land officials who have testified in court says the lands belongs Wamunyoro Investment ltd.
According to Nyandoro from the records, it has been noted the Deed Plan Number 192966 used to prepare the Title for Colombus Two Thousand Limited is a Certified Copy of the original Deed Plan annexed to Wamunyoro Investments Limited’s Title.
“The Title held by Colombus Two Thousand Limited was irregularly issued as the Title for Wamunyoro Investment Limited was already in existence and the same had not been legally revoked and/or cancelled. Under these circumstances, the Title held by Colombus Two Thousand Limited ought to be cancelled unless the Court declares otherwise,” Registrar told the court.
The Director of Survey Wilfred Muchae told the court that due to Ohas application anomalies, the application for a Certified True Copy of Deed Plan No. 192966 by Messrs Gordon O. Wayumba – Licensed Land Surveyor should have declined by the Director of Survey as the application was defective.
Police Inspector Godfrey Mburugu attached at the Directorate of Criminal Investigations Headquarters, Investigation Bureau Land Fraud Investigation Unit and the lead investigating officer told the court a letter Ref. DCI/IB/LFIU/SEC/2/3/I/VOL.XIX/63 dated 24th January, 2023 was dispatched to the PS Department of Lands and Physical Planning whereby we had attached a letter Ref. PPD/42/14/IX/96 dated 14th November from the Director of Physical Planning office allegedly signed by Augustine K. Masinde. “We had inquired about the authenticity of the said letter,” said the officer.
In reply vide letter Ref. PPD/6/56/11(109) dated 25th January, 2023, National Director of physical Planning Masinde, stated that the sited letter did not emanate from his office and is therefore not authentic and on 24th February, 2023. Benard Abere Ogechi currently the Government Surveyor based in Isiolo County appeared at DCI Headquarters for interrogations in respect to circumstances under which one Ohas donated power of attorney to him.
He stated that it is true Ohas who was his boss and a family friend donated power of attorney both to him and his (Ohas) son James Hillary Paul Otieno and by this time Ohas was ailing and that is why he gave him specific powers specifically to assist his son (Paul) collect the title deed from the Ministry of Lands for LR. 209/12077.
According to the investigating officer, after they collected the title deed on a date he can’t recall, he has never transacted any business concerning the said land and on 26th February, 2023. Zacharia Msongo Ndege currently working at National Lands Commission as the Principal Land Administrator office Nairobi appeared for interrogations at DCI Headquarters. He was to clarify on the authenticity of a letter Ref. 157048 dated 23rd March, 2017 addressed to Director of Survey on the authenticity of a letter of Allotment Ref. No. 88767/IV/142 dated 3 February, 1994.
He stated that the said letter was not genuine nor was it signed by him as reflected. Apart from several anomalies, he further said that this was not the mandate of the National Land Commission as the property in question was a private property.
In addition, a letter Ref. DCI/IB/LFIU/SEC/2/16/VOL.XXIII/86 dated 21 February. 2023 was dispatched to SCCIO Central, Nairobi County inquiring about investigations of parcel of land Ref. LR. NO. 209/12077 IR. NO. 90923. We had attached a letter Ref. CID/SEC/4/4/VOL./233 dated 26th January, 2018 from SCCIO Central addressed to the Chief Land Registrar with detailed findings of their investigations.
In reply vide letter Ref. CID/SEC/4/4/VOL. 36/A/20 dated 24th February, 2023. SCCIO Central noted several anomalies in the alleged letter. He also stated that after checking through their records, the quoted piece of land LR. No. 209/12077 had never been subject of investigations in their office. In summary he categorically said that the letter did not emanate from his office and therefore was forged.
