Recommendation of ministerial taskforce

By  KIBIWOTT KOROSS

It is notable that this publishing is a recommendation of the ministerial taskforce. In Chembe Kibambamche, Mung’aro gave two names of Julius Charo Kaingu and Agnes Jumwa Kazungu for allocation of plot no. 301. The taskforce report indicates that Said Thabiti Said occupied this plot with no development therein. Fredrick Kazungu Diwani was proposed for allocation of plot 294 where an unnamed family, the report said had been forcefully evicted and plot 295 belonging to an absentee landlord but occupied by four squatters.

The MP also requested that a Mr Charo Mashaka kazomba be given plot 362 in chembe that according to the report is in dispute but occupied by a Nyau Wanje family.

Double registration

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 a Joseph Kashuru Mumbo, who at the moment is embroiled in a court 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.

While the Kahuho-led taskforce report indicated that plot 420 in Chembe was occupied by a Mr Kenga Hinzano; The Standard On Saturday is in possession of two conflicting ownership documents.

A copy of a title deed registered in Kilifi District land registry on November 7 2007, signed by EK Thoya, the then Kilifi lands registrar identifies Malindi Musketeers as the rightful owners of the 1.9-hectare parcel. The title deed is as title number Chembe/Kibambche/420 under mapsheet number 19.

This ownership document is attached with a green card detailing what is thought to be a chronological and complete history of ownership from 1986 when it was government owned through several ownerships to Malindi musketeers. The latest purported owners have a receipt of payment of outstanding land rates amounting to Sh47,500 to the defunct Malindi municipal council; dated 19th November 2010.

But there is a certificate of Lease dated 29th September 2010 bestowing ownership of the same plot Karisa Mole Mbitha and whom one year later gives power of attorney to Gideon Maitha Mung’aro (Hon) of Identity card number 843480156. This certificate of title also gave a 99-year ownership to Mbitha as from 1st September 2010. This is document signed by J. O Athman as Land Registrer, Kilifi.

Though they both have government seal, the latter does not have a map sheet number. The parcel of land is a subject of a high court case, HCC 40/2011 in Malindi High court. The MP was however unreachable for a comment for the better part of yesterday.

But in an earlier interview with The Standard, Mungaro admitted that there were many cases of more than three people holding titles for the same piece of land at Chembe Kibabamche.

He said the Kivutha Kibwana taskforce report was not released because, the allocations continued before the circular was made public.

Former Malindi Mayor Samson Mapinga sought redress with the then former Prime Minister Raila Odinga in June 2011 to complain over the illegal issuance of land ownership documents in Malindi.

“The cartel is targeting properties owned by wananchi as well as foreigners, whether unoccupied or developed, fenced or not; with the help of officers from the Lands Ministry and in connivance with the lands registrar, Kilifi,” said Mapinga, in his letter to Raila: “They have started a major operation of forced misappropriation of land by issuing fresh leasehold grants overlapping existing title deeds.”

Mapinga identified plot. 364, 363, 393, 398, 399, 407, 409 and 332 to have been attacked by criminal gangs employed by the land grabbers.

He accused the then Malindi MP Gideon Mung’aro of starting a crusade against all foreigners, and inciting local residents by calling them fake ‘investors’ and land grabbers. Raila’s response to this issue could not be established. Most of the plots mentioned above are frontrow beach plots portioned into parcels measuring anything between 8  to 12 acres. At the current market rates these plots would easily sell at 15- 20 Million shilling per acre.

Plots in Chembe kibambamche and Kilifi Jimba schemes number approximately 100. These two schemes cover from Malindi through Mayungu and extend into Watamu.