Losing birth right through suspicious deals

By JOB WERU

Last week, Edwin Waithaka received a call from his relatives in Nyeri and was informed that some goons had invaded their home and destroyed their houses.

Waithaka, who is a law student, was in Nairobi. He was forced to cut short his studies and an internship with a city law firm to rush home in Ruring’u.

On arrival, he found that the hirelings had demolished three timber houses that were in his late mother’s half-acre land.

Waithaka and his younger brother, Mr Dennis Mureithi, were to inherit the parcel, following his mother, Jane Wangari’s demise in 1996.

Public trustee

The brothers were minors aged seven and five at the time of their mother’s death. The parcel of land was placed under the Public Trustee, following a successful application by their grandmother, Ms Warau Waithaka.

But someone identified and acquired registration details of the land and then approached the lands office and changed the land ownership to indicate it was handed to Daniel Mbugua Karanja. A copy of the Green Card acquired by The Underworld indicates that the parcel was on April 24, 1996 bequeathed to Daniel Mbugua Karanja, which is by law, a succession matter following the former owner’s death.

The proceeding process indicates that a title deed was issued on the same day. But on December 17, 1998, the land ownership changed hands to Wilson Wainaina Mbugua.

Wainaina Mbugua, the Green Card shows, was given the land as a gift and a title deed was issued.

On May 13, 2010, the title deed was closed and the land sub-divided into two plots.

Now Waithaka and his younger brother are at a loss unaware of their next course of action since they still hold what they say is the original title deed. It shows that their mother Wangari owns the land.

"We know for sure that the land is ours, but the ownership was changed. Police are not ready to help us. We are traumatised and we do not have anywhere else to go," says Waithaka.

The family complained to the police over what they claimed was a fraudulent deal, but the CID allegedly bungled investigations and instructed the family to pursue the matter by way of civil procedure.

In a letter dated January 3, 2012 sent to Waithaka, Central Provincial CID Officer Mr Henry Ondiek said:

"...the outcome of our investigations revealed that this matter is more of civil in nature than criminal; hence, you are kindly and politely advised to seek civil remedy. We are privileged and happy to have served you and will continue giving the best of our services."

　

Misinformed decision

Mr James Mugo, the Executive Director of Social Watch instead wrote a letter dated January 18, 2012 to Director of Public Prosecutions Keriako Tobiko and CID Director Ndegwa Muhoro complaining over shoddy investigations conducted on the matter by officers identified as Mr Elima and Mr Wambani.

"Their investigation led to misinformed decisions by both Mr Ondiek and Central Provincial State Counsel Mr Job Kaigai," read the letter.

It continued: "The investigation by Elima (now transferred) and Wambani on fraudulent transactions against the parcel of land in question were not only unprofessional but also biased. We cannot hesitate to recommend that those officers who have stayed in one place for a long time be transferred for they are always partisan in doing investigation or become part of the land cartels by being compromised by perpetrators."

But so far Waithaka and his brother have not received any positive response from the Government, hence last week’s demolition of their home by people who were allegedly hired by a Nyeri-based businessman who reportedly bought one of the pieces of land.

And in another related case, a piece of land placed under the Public Trustee was suspiciously handed over to an unknown person, allegedly with assistance from the lands office. This raises questions over the trust Kenyans should have on the Government departments.

According to transactions listed in the land’s Green Card, the land was on January 21, 1959 reverted to Mr Paul Samuel Thiong’o Mirie (listed as Thiong’o s/o Mirie.

This was followed by issuance of land certificate on July 10, 1972, and subsequent takeover by the Public Trustee of Kenya on June 13, 1988.

But on April 24, 1991, the land was given out as a gift to a Mr Gicha and a title deed issued on the same day. Gicha acquired the land by way of a succession matter.

On June 9, 1995, a Mr Mwangi received the land as a gift from Gicha, and a title deed issued. The land was subdivided into plots on August 29, 2008.

Estate administrator

Ms Lucy Wanjiru Mirie, however, complained and through the Social Watch Organisation, wrote to the office of the Attorney General.

And on January 27, this year, the office of the Attorney General wrote to the Lands office in Nyeri indicating that the Public Trustee was still the administrator of the estate in question.

"I confirm to you that the Public Trustee is the administrator of the estate of Paul Samuel Thiong’o Mirie-deceased, and the land, Aguthi/Gatitu/15 is listed as belonging to his estate.

"From the copy of the Green Card, the Public Trustee as the administrator of the estate, was registered as proprietor on 13th June, 1988. From then, there were transactions by one Benjamin Mwangi Gicha and Peter Gicha Mwangi, which are unknown to the Public Trustee."

The Public Trustee also demanded explanation on the transactions and a halt to any further dealings with the land, pending investigations.

A correspondence from the Ministry of Lands to the Public Trustee dated February 3, this year indicated that Nyeri District Lands Registrar J T Bao intimated that, despite the land having reverted to individual hands, the office was yet to discover instruments used to change the titles to the plots.

"We are yet to trace the other instruments used in the affected titles," read Bao’s letter to the Public Trustee.deals