Italian investor recounts how he lost ownership of beach plot

By Biketi Kikechi and Paul Gitau

Vitorio Veneziani bought a plot at the controversial Chembe Kibabamshe Scheme in Malindi in 2001 and thereafter convinced foreign partners to help him put up Sh500 million-tourist hotel at the beach front.

Until January this year, he was the bonafide owner of the beachfront of the 14-acre plot, while a local Mr Shadrack Ndundi owned the other half.

A fenced plot at Kibabamche scheme whose ownership is being contested. [PHOTO: PAUL GITAU/STANDARD]

Before Veneziani bought the land, Ndundi had been issued with a letter of offer by the Government for the plot and they both were not aware of another title deed that could later emerge to haunt them.

“We had a small controversy with Ndundi because he always wanted to own the whole plot but despite the fact that we were always arguing, we were trying to resolve the problem and we never touched him,” said Veneziani.

The Italian investor never encountered any challenges until 2004, when another claimant surfaced with another title deed for the same piece of land.

Speaking fluent Kiswahili, Venessiani said a team was formed to investigate the matter after he complained to the Ministry of Lands and it was thereafter resolved the second title was acquired through fraudulent means.

Non-existing title

 “The title was recalled but one year later, we realised that the title had resurfaced and someone was trying to register the non-existing title to another name,” said Veneziani.

Sensing danger, he quickly reported the matter to Lands Registrar in Kilifi, a Mr Githumia, who investigated the matter and rejected the transfer.

At the time, Veneziani and his partner filed a criminal case for conspiracy to defraud, but his partner was surprisingly arrested while the registrar and Veneziani received a warrant of arrest.

They surrendered to the magistrate at Kilifi where they were released on bond but the AG entered a nolle prosequi on the case six months later, arguing that it had no substance.

Unperturbed, the claimants moved to court in Malindi to compel the registrar to transfer the title to them from Veneziani and his partner, but the judge issued a ruling saying the second title had no substance.

But shortly after, a new Lands Registrar was transferred to Kilifi and that is when the Italian investor’s problems began.

In January this year, the registrar issued a new lease title under a new name for the plot including Ndundi’s allegedly with politically motivated instructions.

“The Chief Lands Registrar says he knows nothing about how the change of the title was authorised,” said a distraught Veneziani.

 With armed police officers on a 24-hour guard, the new group has now constructed a high wall around the land and two small houses where Ndundi’s Makuti thatched houses once stood.

Investigations by The Standard On Saturday revealed the man who acquired the title quickly sold the land to a Nairobi based property developer, who acknowledged he was the new owner of the plot.

Veneziani and Ndundi reported the matter to Malindi Municipal Council who tried to demolish the wall and also moved to court and obtained an injunction to stop the construction. According to Veneziani, the court ordered the status quo be maintained, meaning that no further construction should have taken place, but that was not adhered to.

“They continued with the construction, despite the existence of two court orders one from me and the other from the Malindi Municipal Council,” Veneziani said.

Asked why Administration Police officers were deployed to protect the construction in violation of the court order, Malindi DO 1 Mr Joseph Chepkwony said he did know they were there.

“At Kilifi, they have refused to give us searches because they claim there is an embargo and here they have made the Municipal Council of Malindi powerless. Does it also mean that the Provincial Administration has taken over from the Council?” said Veneziani.

He said they had a similar case in Kilifi Jimba, where they purchased property in 1994 and had authority from Central Bank of Kenya to develop the hotel for US$7.5 million USD.

“We have been having court cases from 1994 to date and assistance from the Attorney General’s office has been practically non existent,” he said.

The group that occupied their land at Kilifi Jimba has never come to court even once but for 17 and half years, Veneziani and his group have had an investment that has remained standstill and they do not know how to proceed.