The National Land Commission launches probe into Kilifi North MP Mung'aro's Chembe Kibabamshe land allocations

Kilifi North MP Gideon Mung'aro yesterday welcomed the move by the National Land Commission (NLC) to order an investigation into land allocation at the controversial Chembe Kibabamshe Settlement Scheme.

Mr Mung'aro played a key role in the allocations in 2010.

The probe seeks to "determine the legality and propriety of the allocation and registration", according to a press advertisement on Monday.

Kilifi North MP Gideon Mung'aro (right), addresses other Coast MPs and their supporters where he said he was not shocked by his sacking as the minority chief whip by the CORD coalition in parliament. The Coast MPS have vowed to throw their weight behind Mung'aro. (PHOTO: GIDEON MAUNDU)

The land commission announced it has been pushed by widespread complaints in the area to probe "ownership of various grants and disposition of public land".

Mung'aro's involvement has been the subject of complicated legal cases including one terminated by a magistrate in Malindi in March where the MP had been listed as a prosecution witness in the trial of former Kilifi Registrar of Title Deeds Athman Otime Juma. Juma had been charged with issuing a title deed to Karisa Mole Mbitha, knowing that the same land was registered in the name of Malindi Musketeers Firm.

Mung'aro's troubles over the allocation of plot 420 in NLC's list emanate from his alleged connection with Mbitha.

And yesterday the MP said: "The public has been demanding for it (the probe) so let them (NLC) do it and we will know the truth."

Recommendation letters

He, however, declined to state if he owns land at the Scheme.

The list published by NLC on Monday involves 371 disputed allocations at the expansive scheme and includes plot 420, allegedly allocated to Mbitha on September 29, 2010 following an alleged recommendation by Mung'aro.

According to the list, 420 was allocated to or was subject of dispute between Mbitha, Dava Ltd, Hinzano Kenga and Malindi Musketeers. Some of these names also appear in reference to other disputed plots.

Mung'aro has admitted writing recommendation letters seeking allocation of letters to his landless constituents. But a letter he wrote to former Commissioner of Lands Zablon Mabeya over five years ago is now haunting him after the State announced in March the trial of Mr Athman with the MP as prosecution witness was a miscarriage of justice.

The settlement of squatters in the scheme has been marred by claims of corruption, double and multiple allocation. Most of the land allegedly ended up in the hands of "the big fish".

There are 300 cases in Kilifi and Malindi courts over these allocations, including the now withdrawn case against Athman, which the Director of Public Prosecutions (DPP) wants investigated afresh.

On March 13, magistrate Yusuf Shikanda terminated Athman's trial following an application by Henry Achoch, the DPP's representative in Malindi who said he had received instructions to end the trial and seek a new investigation.

"After going through the police file, we have discovered that some of the witnesses ought to have been charged,"Achoch said in March. He said he was under orders to terminate Athman's trial "to enable us carry out further investigation in respect of Mr Mabeya, the former commissioner of lands and Mung'aro".

Achoch described Athman as a "sacrificial lamb" apparently pushed through a contrived trial. According to a police statement the Criminal Investigations Directorate claimed they collected from Mbitha on August 14, 2012, Mbitha, who was semi-illiterate, hails from Jilore in Kilifi and was Mung'aro's house servant of many years.

He claims in the statement that "sometimes in the year 2010" Mung'aro approached him and a man identified as John Rick Gona "explained to us that there were some free plots which he wanted to give us".

He said the MP asked them to sign forms, which he took away together with their photographs and returned months later to help them open bank accounts.

Mbitha alleges the MP later informed him he had got the promised property and at the same time "he had somebody who wanted to purchase it and he wanted it to be sold so that I could get some money to go and help myself with it".

He claimed the money, Mung'aro told him, would be deposited in his and John Ricks' bank accounts.