Gitamaiyu Women’s Group threatens to sue land agency over forgery claims

Consultant Philip Njuguna shows copy of title deed for land claimed by Gitamaiyu Group. [Photo: Faith Karanja]

Members of Gitamaiyu Women’s Group now wants to sue the Registrar of Titles and Director of Surveyors for allegedly forging documents in Sh3 Billion land that is still in dispute.

Led by their 88-year-old Chairman Peter Kimani, the group said that they were evicted from the land and now they have nowhere to run to.

While addressing the Press at Uhuru Park Garden in Nairobi, they raised their concerns over the alleged delayed justice over their 512 acres of disputed land.

“We were evicted by police, harassed and we have been in court for the last 45 years,” said Kimani.

They said that they took their grievances to the National Land Commission (NLC) to initiate investigations and prove who the original owner of the land was.

Consultant Philip Njuguna said that the people who appealed the 2012 ruling from Judge Aggrey Muchelule giving Mugumo Nyakinyua land ownership are not genuine and the ruling from NLC found out that Mugumo Nyakinyua Kiambaa is not the original.

Njuguna said that the late Njenga Karume used his influence to have the land registered in the name of Mugumo Nyakinyua Company Ltd whose chairperson was his now late wife Wariara Njenga.

In April 2018, NLC in their ruling regarding the matter said they have been investigating the legality of the titles involving a dispute between Gitamaiyo Trading Limited Verses Mugumo Nyakinyua Kiambaa Co-operative Limited.

The ruling indicates that the investigations commenced following a complaint by Gitamaiyu Trading.

Their findings were that Mugumo, Nyakinyua Kiambaa Limited acquired the land in irregular manner.

Consequently, the commission ordered that the two parties and other interested parties undergo a process of mediation of ADR aimed at reaching an amicable solution.

NlC said that they complied with the orders of Article 47 of the Constitution by giving adequate parties opportunity and providing them a fair hearing.

Gitamaiyu Trading Limited was registered in 1973 with the objective of purchasing land and other property.

The membership was drawn mainly from labourers on Fanros Farm, whose owners was Fanros Limited registered proprietor of LR No.89/11 to 20 and LR No .89/11 to 20.

On February 18, 1977, the company entered into an agreement with Fanros Limited to Purchase 512 acres for 4.2 million and assets contained in LR No. 84/4 to 9 and LR No.89/11 to 20. The transfer was executed on February 26, 1977.

Advocates for the company followed up land control board consent but it was not granted.

The company alleged that it was during this period that powerful politicians and civil servants developed an interest in the land and sought to purchase it through Mugumo Nyakinyua Kiambaa Co. Limited directors.

The complainants alleged that a fake indenture was prepared indicating the transfer of the parcels of land, which were not executed by the owner but by directors of Mugumo Nyakinyua Kiambaa Co.Ltd.

The complainants were thereafter evicted from the land and shareholders of Mugumo Kiambaa Nyakinyua Kiambaa Limited took possession.

The advocates for Mugumo Nyakinyua Kiambaa Co. Limited submitted that they validly acquired the disputed parcel of land and that their title documents were in order.

They averred that they obtained exemption from the President, excluding them from obtaining land control board consent.

The company disputed payment made by Gitamaiyu Trading Limited to the previous owner, Fanros Limited and said the latter was alleging to have entered into was signed by an agent and not the directors of Fanros Limited.

 

Mugumo Nyakinyua Kiambaa stated that they were declared owners of the land in question in High Court civil case No 4496 of 1994.

“We found out that Mugumo Nyakina Kiambaa Limited failed to produce evidence of purchase of the plots in question and a request for original indenture was not honoured. No evidence of ownership was produced,” ruled NLC.

The NLC Chairman Muhammad Swazuri on April 18, 2018, ruled that once amicable solution is reached, the Commission will regularize the titles for the buyers or plot owners.

Swazuri ordered that all titles from the subdivision of LR No.84/14-9 and LR No.89/11 -20 should be restricted and any further processing of titles must cease.

The officer directed the Chief Land Registrar to implement the determination.