EACC says the controversial sh8billion land belongs to late Da gama Rose

 

Police keep guard at the controversial Karen Land after High Court judge Lucy Nyambura ordered the Langata OCPD to ensure no further development was witnessed on the disputed 134 acre piece of land.PHOTO DAVID NJAAGA

Ethics and Anti-Corruption Commission (EACC) now says the controversial Sh8 billion Karen land belongs to Muchanga Investments limited whose director Horatious Da Gam Rose died last week.

EACC report filed in the Environment and Land Division civit suit number 1180 of 2014, late last week have stated that the 134.4 acre belonged to the late Da Gama Rose.

According to the EACC filed a witness statement in the civil dispute where Muchanga limited has sued Telesource.com associated with former NSSF Managing trustee Jos Konzolo, the anti graft body investigations report stated that the land belongs to Da Gama Rose firm.

EACC investigator Emmanuel Arunga who led the probe team in his statement to Justice Lucy Gacheru said he will rely heavily on his report that established how the fraud was executed, in giving evidence as a witness in the civil suit.

"That I led the investigating team that collected evidence and compiled the investigation report in respect of the suit land LR 3586/3 and I wish to rely on the report filed in court as evidence," Arunga says in a statement filed on 5th September 2016.

In the report, the EACC detective had concluded that the land belongs to Muchanga limited after he found that the title claimed by Telesource.com was a fraud after receiving statements from several witnesses and assessing the documentation.

"In the foregoing, I conclude that the land belongs to Muchanga Investments Limited and all the persons involved in the attempt to fraudulently transfer the property to Telesource.com should be charged in a court of law," the report stated.

Muchanga ltd went to court in September 2014 and successfully obtained orders stopping any Telesource.com or their agents from encroaching or developing the property until the case is determined.

Arunga in his statement said Konzolo, through his Telesource.com Limited, told the commission that he obtained the land from John Mugo Kamau on October 21, 2005, with Kamau having acquired it in 1978.

But the commission in its report said that there was no indication of who transferred the land to John Kamau Mugo as per the title obtained from lands office which was under the custody of Sarah Mwenda.

EACC reports notes that the transfer documents between Arnold Bradley and Kamau Mugo dated 24th August 1978 and presented to them by Konzolo were not true since Bradley had died way back in 1973.

The statement report also noted that the rent clearance certificate No. 308335 dated 10th January 2005 allegedly issued to John Kamau Mugo and kept in the records of the chief land registrar which was presented to EACC by Konzolo was a forgery because the booklet that housed the certificate was picked from the stores.

EACC also established in there report that the certificate of stamp duty number 46189 purportedly issued from the department of lands does not appear in any records maintained at lands.

The commission also established from records at City Hall that Konzolo had unsuccessfully in 2011 tried to have the parcel subdivided using forged plans with aim of fraudulently obtaining certified copies of the deed plans issued to Muchanga ltd.