CID chief vows to arrest State officers in beach land scandal

November 15th 2013 By KIBIWOTT KOROSS, kkoross@standardmedia.co.ke

Criminal Investigations Department (CID) Director Ndegwa Muhoro has vowed to make arrests “in coming days” over a prime beach land scandal involving politicians and government officials.

“We are investigating a lot of cases from Malindi and it is true it involves politicians and state officers,” Muhoro said in an interview this week.

Mr Muhoro is the latest high-ranking official to wade into the land scandal unearthed by The Standard on Saturday.

Last week, Director of Public Prosecutions Keriako Tobiko termed the cases taken to his office from Malindi as “overwhelming”.

“Cases of land complaints from Malindi are massive… they range from double registration to overlapping documents. We are investigating a number and those mentioned will be prosecuted.”

The investigations will scrutinise the Kilifi Jimba and Chembe Kibambamche settlement schemes situated on an approximately 15-kilometre stretch of land running along the Indian Ocean shores between Malindi town and Watamu tourist resort. The area is about 150 kilometres north east of Mombasa.

Lands Cabinet Secretary Charity Ngilu said the mess in Malindi was a classic example of existence of powerful cartels in the Lands ministry (see story below).

Land Commission

Ngilu said: “The land dealings in Malindi and the Coast region generally need to be addressed resolutely and with focus. We need to follow through the recommendations made by various reports.”

 Meanwhile, the chairman of the National Land Commmission Dr Muhammad Swazuri is optimistic that the commission will bring to an end land problems in Malindi.

“We are going to recommend prosecution of those mentioned. I am also sure with current leadership we will be able to stem the cartel rackets in the ministry.”

Among the plots affected is one belonging to Shamsher Kenya Limited which was irregularly allocated to a Mr Faryd Abdulrazak Sheik in an allotment letter signed by a Mr Kosgei, who is a director, at on behalf of the Lands Commissioner. Shamsher’s allocation letter of 1991 of the same plot was issued by a Mr N.O. Mathebe.

Contacted, Mr Kosgei said he did not recall allocating Faryd the said plot.

The National Land Commission has however granted ownership to Shamsher saying the papers presented by Faryd were fraudulent.

 In a letter dated November 6 signed by Swazuri to Shamsher and copied to the CID investigating officer E. Etyang, the chairman said that based on the information available to the commission, there was a substantive justification that the property was registered under Shamsher.

 Faryd when contacted was non-committal and said he would get back to this writer after seeing the letter. “I have not seen a copy of the said letter from the Lands commission… I will get back to you.”

 Among those cited in Lands ministry reports include Kilifi North MP Gideon Mungaro, his close associate Yerri Kombe, Kilifi land registrar J.O. Athman and a number of former civic leaders and lands officers who served in Malindi. Athman has since been suspended and is facing several land court cases in Malindi.

A governmnent taskforce report detailed an account in which Mung’aro allocated more than 14 plots to his close associates and family members.

The Standard On Saturday is also in possession of a copy of a letter allegedly signed by Martin Masha and Franco Mwagawe, the chair and secretary of Chembe Kibambamche settlement scheme, in August 22, 2011, claiming that Kambi Kadenge Ziro had been granted administration of plot 365 that belonged to his family. Mung’aro, in his letter, had, however, requested that this plot be allocated to Nicholas Jeffa.

In yet another disputed issue, Mung’aro requested that plot 407 in Chembe be given to Nassib Kashuru Mumbo. This plot, according to the taskforce report belongs to one Joseph Kashuru Mumbo, who at the moment is embroiled in a court tussle with an investor over ownership of the same plot. A classic case of double registration and fraudulent sale is exhibited in a land ownership row pitting Mung’aro, a Mr Karisa Mole Mbitha and Malindi Musketeers Ltd, a company owned by a foreigner.

 Athman is also accused of issuing a certificate of lease giving power of attorney to Gideon Maitha Mung’aro on September 29, 2010, while the same parcel had a certificate of title in the name of Karisa Mole Mbitha.

Fresh allotment

Mungaro and Kombe did not answer our calls nor did he reply our text messages.

According to sources at Ardhi House, Athman used to receive instructions from the chief lands registrar to issue lands to specific people even after a taskforce recommended the formation of a tribunal to look into the controversial lands before fresh allotment was done.

But the official distanced himself from the accusations saying his job was to forward such letters after being authorised by the lands commissioner.

 Athman was unavailable for comment as his phone was switched off, while Zablon Mabea, who is commissioner of lands, promised to call back saying that he was in a meeting but did not.