Mystery of man at the centre of Nakuru's prime property dispute

The two-acre property in Milimani estate, Nakuru, at the centre of a dispute. [Daniel Chege, Standard] Who is Kennedy Bosire, the man at the centre of a 2.2-acre prime land in Nakuru's Milimani Estate? This is a question the Directorate of Criminal Investigations (DCI) is trying to unravel. Mr Bosire features prominently in court and DCI files as the purported owner of the property at the heart of a long-running ownership battle involving a lawyer and several other individuals. Despite being central to the case, Bosire appears to have vanished without a trace, raising doubts about whether he ever existed. The land, originally owned by the Municipal Council of Nakuru, was later surveyed and subdivided into several parcels. Lawyer Wilfred Konosi and businessman Samwel Maandi have asked the court to declare them the rightful owners of the entire property. In their suit, they have named Bosire, Majid Mohamed, Herman Kirika, and Saleh Hassan as defendants. Maandi told the court that he took possession of the land in 2004 through Moneke Commercial Agencies Limited, which claimed to represent Bosire. "I was put in occupation of the guest house while the main house was occupied by the first plaintiff (Konosi). I have never met or heard from the registered owner, Kennedy Bosire, for the last 21 years," Maandi stated in his affidavit. He said he continued to live on the land quietly and supported Konosi's claim of adverse possession, arguing that they had jointly occupied the property for over two decades. Majid, Kirika, and Hassan have, however, contested the claim, insisting they legally acquired sub-plots Nakuru Municipality Block 11/678, 679, and 680, arising from the subdivision of the disputed land, LR No. Nakuru Block 11/66. Documents seen by The Standard show that Majid reported a fraud case to the DCI through the Office of the Director of Public Prosecutions (ODPP) in August 2018. Majid said he bought 0.432 hectares of land on April 7, 2007 from Mwongela Munywoki, then a chief valuer at the Nakuru Municipal Council, for Sh1.3 million. The land, he claimed, was part of a larger council-owned parcel later subdivided into three plots. According to Majid, the council approved the survey and allocation, resulting in three distinct parcels: Blocks 11/678, 679, and 680. He alleged that lawyer Konosi later moved to court in 2017, claiming ownership by adverse possession. Munywoki confirmed to investigators that he lived on the land from 1983 to 2000 and that the subdivision was proposed in 1998. Henry Chemos, a retired county surveyor, corroborated this, stating that the land was divided into three portions: one for the town clerk, one for the senior staff house, and one for Munywoki. Kirika said he purchased his parcel (Block 11/679) in 2004 from then town clerk Samwel Ng'eno but was blocked from accessing it by Konosi, who produced a certificate of title for Block 11/66 in Bosire's name. Saleh Hassan also told investigators that a land agent named Wachira introduced him to the plots in 2006, saying one Ali Mohammed owned Block 11/678. Hassan later met a woman, Sabina Owiti, who claimed to represent Ali then said to be living in Dubai. The DCI established that the entire land was registered as a grant to the Municipal Board of Nakuru in 1952. Records at the Survey of Kenya confirmed that Blocks 11/678, 679, and 680 were legitimate subdivisions of Block 11/66. Investigators also noted that Bosire never appeared to claim ownership or provide a statement, and attempts to trace him through postal addresses failed, two addresses provided were found to belong to different people. The DCI concluded that Majid had acquired his parcel lawfully and that private ownership through adverse possession could not be claimed over former government land. "We recommend that Block 11/678 be reverted to the county government of Nakuru," the report stated. The agency further recommended that Bosire, Konosi, Owiti, Ali Mohammed, and Ernest Muibu be charged with conspiracy to defraud, while Bosire and Ali were to face charges of obtaining registration by false pretence. Konosi was to be charged with forcible detainer, and Owiti and Ali with obtaining money by false pretence.

Mystery of man at the centre of Nakuru's prime property dispute

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