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Sunday, 12 October 2014

October 12, 2014 - Today's News In Gazetikenya

01:00 - By Kenya Newspapers 0

What court order? State officials simply don’t care.


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Forty MPs benefit from Sh8bn land in Nairobi

POLITICS Man who gave Cord leader two strokes of the cane is awaiting Sh70,000 after the dirty job, claims leader


At least 40 Members of Parliament are among top Jubilee government officials and politicians believed to have benefited from a Sh8 billion property in the Karen suburb of Nairobi in what may turn out to be one of the boldest cases of land grabbing in recent history. The MPs have benefited from the disputed property alongside government officials and brokers in what is seen as a scheme to buy their silence and gone ahead to prepare basic infrastructure in flagrant disregard of a High Court order stopping development on the land.

 A spot-check by the Sunday Nation yesterday found several tractors and earthmovers paving roads and preparing building foundations in what appeared to be a desperate race against time by developers, many of who had driven to the property in gleaming high-end vehicles. At the centre of the dispute is city businessman Horatius Da Gama Rose and former National Social Security Fund (NSSF) Managing Trustee Jos Konzolo, the owner of a company called Telesource, which claims ownership of the 134-acre land. In an apparent case of mega corruption and impunity, some of the companies involved in the land are said to have owned it long before they came into existence, which is a legal impossibility. 

Some of the owners of the companies claiming the land were in school when the city businessman was buying the property in 1982. Government officials involved in the scheme are exercising raw power in defiance of a court order and were demarcating the land yesterday despite a court order on the matter that is expected to be heard in the High Court tomorrow. Court documents seen by the Sunday Nation show that the prime land has been sub-divided by Telesource into 189 plots. We established that the parcels have been taken over by a number of highly-placed government officials and MPs while others were sold. 

The officials include top security officers, hence the overwhelming presence of policemen at the site. Mr Da Gama Rose’s company, Muchanga Investments Limited, has sued Telesource, Habenga Holdings, Jina Enterprises Ltd, Director of Survey, Director of Physical Planning, Ministry of Land, Registrar of Titles and Chief Land Registrar in the dispute. The dispute has sucked in the National Land Commission (NLC) which, in a letter dated May 10, 2013, confirmed that the land belongs to Mr Da Gama Rose. “I wish to confirm the surrenders in respect of titles IT 74050 and 74051 have been registered. According to our register, LR NO 3586/3 has reverted to its original status. 

You may confirm the cancellation of the deed plans with the Director of Surveys,” states Mr Peter Kahuho, who signed the letter on behalf of NLC chairman, Dr Mohammed Swazuri. It may well turn out that those who have benefited from the allocation or purchase of the property may be holding mere paper should the court uphold the position taken by the Commission. Justice Nyambura Gacheru barred the parties from interfering with the land until the matter is heard and determined. The temporary orders barring activity on the parcel were extended to tomorrow, October 13. Yesterday, 

Mr Da Gama Rose complained that the government was condoning grabbing of private property. “It is outrageous that the rule of law has broken down completely and people can just walk into private property and declare ownership. It is not a personal matter; if it can happen to me, it can happen to anyone,” said Mr Da Gama Rose from the UK where he is receiving medical attention. The 70-year-old businessman’s lawyer, Mr Cecil Miller, said the rule of law had been disregarded. “The rule of law must be upheld. The court order barring any develop-

Will the land question ever be solved?

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