Agency seeks to establish how firms acquired Sh2 billion plots
SEE ALSO :300 tycoons probed over Sh10b land grabEarlier in March, the National Lands Commission (NLC) had written to the Director of Public Prosecutions (DPP) directing it on the ownership of a contentious Sh2 billion land in Mombasa city. In a letter written by the then Vice Chair Abigael Mbagaya, NLC concluded that the two plots - MSA/XIV/367 and MSA/XIV/374 - were property of the Kenya Railways and there had been no transfer to any third party. Attempts by Kenya Railways to repossess the parcels of land since 2018 had been fruitless because line ministry was reluctant to provide documentation to the NLC for determination of the land ownership status. In her letter, ref/NLC/GEN/VOL.II/341, Mbagaya observed: “From our investigations, it is evident the parcels referred to above belong to Kenya Railways Corporation and there is no proof of the said properties having been surrendered to the Government of Kenya.” Documents seen by the Sunday Standard indicated that the two parcels of land were acquired fraudulently through a forged lease document based on a false order from former President Kibaki, three weeks to the March 4, 2013 General Election. Investigations by Kenya Railways and NLC done on the order of the Director of Public Prosecutions found the land belongs to Kenya Railways. A number of sources indicated that some State officials had colluded with land barons to delay repossession of two prime plots. During the land scam executed in 2011, the perpetrators created an impression that Kenya Railways had surrendered its land in Shimanzi to the government as a condition for the issuance of leases.
SEE ALSO :Suspect faults EACC in graft caseFalse order They then forged a certificate of lease which was used to obtain forged titles and then sold the property. A scrutiny of the documents and investigations by KRC later showed the fake lease certificate bore a bogus signature of an advocate, whose forged stamp was also used. The controversial lease reads in part: “The President of the Republic of Kenya on behalf of the Government of Kenya in consideration of the sum of Sh810,000 hereby leases to M Tech Building Works, a limited liability company hereinafter called the lessee.” One of the parcels measuring 4.8 acres under the control of M Tech Building Works has already been developed while the other, measuring 1.5 acres has been sold for Sh58 million to Gold Hazel Limited.
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