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House Committee wants DCI to probe Lands Ministry over fraud claims

House Committee wants DCI to probe Lands Ministry over fraud claims
The DCI headquarters along Kiambu Road in Nairobi. PHOTO/NTV Kenya
In Summary

The Committee on Implementation expressed disappointment during a sitting on Tuesday after the Ministry failed to provide clear progress on the enforcement of recommendations from two House reports adopted in the 12th Parliament.

A parliamentary committee has faulted the Ministry of Lands for failing to act on two land disputes dating back decades, accusing it of ignoring House resolutions and recommending the Directorate of Criminal Investigations (DCI) take over the cases to fast-track investigations.

The Committee on Implementation, led by Embakasi West MP Mark Mwenje, expressed disappointment during a sitting on Tuesday after the Ministry failed to provide clear progress on the enforcement of recommendations from two House reports adopted in the 12th Parliament.

The reports concern contested land in Mowlem Ward and an extended boundary at Galana Ranching Scheme in Magarini.

The committee was scheduled to receive an update from the Ministry on actions taken so far, but members were left dissatisfied with the response presented by Chief Land Registration Officer David Nyandoro, who appeared on behalf of the Principal Secretary Nixon Korir.

Nyandoro told the Committee that the matters fall under the jurisdictions of the National Land Commission (NLC), DCI, and the Ethics and Anti-Corruption Commission (EACC).

“Hon. Chair, it is the view of the Ministry that these recommendations fall under the mandate of the NLC, DCI, and EACC, and therefore, these bodies are best placed to provide a status update,” he said.

But Mwenje dismissed the explanation and accused the ministry of failing in its duty, stating that ministry officials had issued fraudulent title deeds for the contested Mowlem land.

“The responsibility of issuing title deeds lies with the Ministry of Lands. I have copies of several titles here fraudulently issued by the ministry officials. Why have you allowed the public to continue being conned into buying this piece of land?” he asked.

Committee member Hilary Kosgei described the ministry’s report as weak and inadequate and said the matter should be handed over to the DCI’s land fraud unit.

“Hon. Chair, the response from the Ministry of Lands is very shallow and unconvincing. The Ministry has been home to fraudsters from the ministry officials to their partners outside of the ministry. Could we have the serious land fraud office at the DCI take up the matter?” he posed.

Other members including Lilian Siyoi, Ntutu Kitilai, Memusi Kanchory, and Committee Chairperson Raphael Wanjala supported the proposal for DCI to step in and work with the NLC to implement the House resolutions.

One of the reports involves land parcel LR. NO. 11379/3 in Mowlem Ward, originally owned by Khan Nawaz, Khan Abbas, and Mehdi Khan. Five individuals—Kibiro Karanja, Reuben Kangara, Keingati Waiharo, Peter Gacheru Kingara, and Njuguna Kimani—were appointed to represent 225 interested buyers and formed Kiambu Dandora Farmers Company Limited, which acquired the land.

A dispute later emerged when the five failed to transfer ownership to the other members, prompting the formation of Dandora Housing Scheme Ltd and a court case. In 1983, Justice Sachdeva ruled that the land belonged to the 225 members along with the five agents.

The Ministry had previously informed the Committee that Dandora Housing Scheme Ltd had been issued a provisional title, which was later fraudulently transferred to Falcon Kenya Ltd, a private company owned by Peterson Waithaka.

The Departmental Committee on Lands had recommended that the NLC compensate both Dandora Housing Scheme Ltd and Kiambu Dandora Farmers Company Ltd. They also called for the DCI and EACC to investigate fraud and forgery claims and prosecute those found responsible.

The second case concerns a petition filed in 2021 by former Magarini MP Michael Kingi on behalf of landowners affected by an irregular boundary extension at Galana Ranching Scheme.

Kingi, who attended the meeting, said the unresolved matter represents historical land injustices that have affected residents in the coastal region.

The committee heard that the Departmental Committee on Lands had recommended a fresh boundary verification involving the Director of Surveys, the Agricultural Development Corporation (ADC), Kilifi County Government, NLC, and the local community.

This was to determine the boundary between Galana Kulalu Ranch and various adjudication sections within six months.

Mwenje directed that the DCI immediately take charge of investigations into both matters and report back to the Committee within 90 days. He also instructed the Ministry of Lands and NLC to implement the pending resolutions and submit their updates in the same timeframe.

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