While commissioning a water project in August 10 in Kinango constituency, Deputy President William Ruto promised the locals that the government was to issue them with title deeds in two weeks.
The Deputy President told the elated crowd that the Jubilee government would resolve all land problems in Kenya before their five years in office elapse.
“We have instructed the Ministry of Lands to issue title deeds to those whose land ownership is uncontested and we plan on issuing three million in five years so you can get down to business,” he said.
A week earlier, Cabinet Secretary Charity Ngilu, had been instructed to issue title deeds to those whose land ownership is uncontested at the Coast.
Of particular concern was Malindi and Kilifi where residents had complained for long against non-issuance of titles and land grabbing.
With the president’s directive, Ngilu headed back to Ardhi House and demanded the number of title deeds from the Coast that were available. She was told there were only 600 land titles processed in since 1986.
“She had walked straight to the Lands ministry after a Cabinet meeting,” said an officer at the Lands ministry who sought anonymity for fear of victimisation at the office.
“Ngilu shook her head and called an emergency meeting with all heads of departments including Lands Commissioner Zablon Mabea and Director of Survey Erastus Murage,” says the officer.
The CS sought to know why there were no titles and what the officers were doing in office if they could only process 600 titles in that period.
Ngilu initiated an investigation that established that more than 100,000 titles were waiting to be processed and lay between the Survey and Settlement office.
A furious Ngilu was told the process had delayed at the survey office and she confronted Murage.
“Murage had delayed the preparation of survey maps which would have allowed the issuance of titles,” the officer said.
The process, under normal circumstances, would have taken two months. It is alleged that the delay was occasioned strategically to give room for falsification of documents of land ownership by lands officials.
Murage, according to the source who was in the meeting, was asked to explain what had caused the delay and he kept quiet prompting Ngilu to ask; “Do you want me to go and tell the President that there are only 600 titles to be issued next week?”
The CS, under pressure from Uhuru and Ruto, who were eager to achieve their campaign pledge, asked Murage what he needed to fast track the processing of the titles.
The team presented a budget of Sh80 million, but Ngilu said she could not present it to the Cabinet and asked them to source money from within.
Murage was ordered by Ngilu to do all he could to ensure the survey maps were forwarded to registrar’s office in the shortest time possible.
As this went on, the government was already planning rallies at the Coast where the titles would be issued.
Two days later Murage ordered 100 survey officers to converge at the Survey Headquarters in Ruaraka. Four days later 30,000 titles were ready.
After this, Murage was moved to the Ministry of Mining and his deputy Boaz Owino, transferred to the Ministry of Energy and Petroleum.
Interviewed for this story, Murage gave a contrasting account of events. Murage said he was not to blame because as a director he had done his job and prepared survey maps a long time ago.
“That is why the work was done in four days. I cleared my part and it was the Lands Adjudication office that was delaying.”
Admitting that he had ensured that 30,000 map sheets were processed in four days, he said the ministry should have recognised his efforts instead of hounding him out of office. He said his office prepares map sheets on demand. He could not, however, say why they had not been processed before.
Murage, who said he has been at the ministry for more than three decades, said he was not opposed to his transfer to the ministry of Mining but the manner in which it was effected.
“I did my job and my removal was so painful. The Cabinet secretary did not even give me time to hand over… as we speak, my coat is still at the Lands office. I was handed over my transfer letter on Friday and had to report to my work station on Monday, so I haven’t stepped in Ardhi House since then. I won’t work in that department again”
He denied allegations that his office was technically delaying the issuance of the map sheets and instead linked his removal to Sh1 billion which he says had been released by the Treasury to the survey department.
Caesar Mbaria, who was senior assistant director of survey, replaced Murage and Julius Rotich, who has been in the Lands Registry, took over from Owino. Murage handed over to Mbaria.
Ngilu said she did not influence the transfer of the two officers.
CID chief vows to arrest State officers in beach land scandal
Criminal Investigations Department (CID) Director Ndegwa Muhoro has vowed to make arrests “in coming days” over a prime beach land scandal involving politicians and government officials.
“We are investigating a lot of cases from Malindi and it is true it involves politicians and state officers,” Muhoro said in an interview this week.
Mr Muhoro is the latest high-ranking official to wade into the land scandal unearthed by The Standard on Saturday.
Last week, Director of Public Prosecutions Keriako Tobiko termed the cases taken to his office from Malindi as “overwhelming”.
“Cases of land complaints from Malindi are massive… they range from double registration to overlapping documents. We are investigating a number and those mentioned will be prosecuted.”
The investigations will scrutinise the Kilifi Jimba and Chembe Kibambamche settlement schemes situated on an approximately 15-kilometre stretch of land running along the Indian Ocean shores between Malindi town and Watamu tourist resort. The area is about 150 kilometres north east of Mombasa.
Lands Cabinet Secretary Charity Ngilu said the mess in Malindi was a classic example of existence of powerful cartels in the Lands ministry (see story below).
Ngilu said: “The land dealings in Malindi and the Coast region generally need to be addressed resolutely and with focus. We need to follow through the recommendations made by various reports.”
Meanwhile, the chairman of the National Land Commmission Dr Muhammad Swazuri is optimistic that the commission will bring to an end land problems in Malindi.
“We are going to recommend prosecution of those mentioned. I am also sure with current leadership we will be able to stem the cartel rackets in the ministry.”
Among the plots affected is one belonging to Shamsher Kenya Limited which was irregularly allocated to a Mr Faryd Abdulrazak Sheik in an allotment letter signed by a Mr Kosgei, who is a director, at on behalf of the Lands Commissioner. Shamsher’s allocation letter of 1991 of the same plot was issued by a Mr N.O. Mathebe.
Contacted, Mr Kosgei said he did not recall allocating Faryd the said plot.
The National Land Commission has however granted ownership to Shamsher saying the papers presented by Faryd were fraudulent.
In a letter dated November 6 signed by Swazuri to Shamsher and copied to the CID investigating officer E. Etyang, the chairman said that based on the information available to the commission, there was a substantive justification that the property was registered under Shamsher.
Faryd when contacted was non-committal and said he would get back to this writer after seeing the letter. “I have not seen a copy of the said letter from the Lands commission… I will get back to you.”
Among those cited in Lands ministry reports include Kilifi North MP Gideon Mungaro, his close associate Yerri Kombe, Kilifi land registrar J.O. Athman and a number of former civic leaders and lands officers who served in Malindi. Athman has since been suspended and is facing several land court cases in Malindi.
A governmnent taskforce report detailed an account in which Mung’aro allocated more than 14 plots to his close associates and family members.
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 one Joseph Kashuru Mumbo, who at the moment is embroiled in a court tussle 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.
Athman is also accused of issuing a certificate of lease giving power of attorney to Gideon Maitha Mung’aro on September 29, 2010, while the same parcel had a certificate of title in the name of Karisa Mole Mbitha.
Mungaro and Kombe did not answer our calls nor did he reply our text messages.
According to sources at Ardhi House, Athman used to receive instructions from the chief lands registrar to issue lands to specific people even after a taskforce recommended the formation of a tribunal to look into the controversial lands before fresh allotment was done.
But the official distanced himself from the accusations saying his job was to forward such letters after being authorised by the lands commissioner.
Athman was unavailable for comment as his phone was switched off, while Zablon Mabea, who is commissioner of lands, promised to call back saying that he was in a meeting but did not.