DPP demands probe on Sh9 billion Kiambu land tussle

The Director of Public Prosecutions has directed police to expedite investigations into ownership dispute surrounding Sh10 billion land in Kiambu County.

The DPP, in a letter to Director of Criminal Investigations (DCI), wants further to be furnished with the status of the probe that began last year after a city lawyer made claims of fraud.

The land, measuring 302 acres situated at Kamiti road, along the Northern Bypass and valued at Sh9,664,000,000 is claimed by the estate of former provincial commissioner late John Godhard Mburu who was the director of Miaraho limited.

Miaraho limited, through law firm of Howard, Nick and Kenneth, wrote a second letter on the 11th of February 2019 to DPP Noordin Haji protesting the failure to solve the dispute.

“I refer to the above captioned matter and our letter dated 9th August 2018. To date the DPP has not received any response or the police investigation file. The DPP has now received a further complaint touching on the subject matter. Could we have the police investigations without delay,” the Deputy DPP Jacob Ondari wrote on behalf of Haji on the 19th February.

According to the complaint letter and documents attached, Miaraho Ltd that was incorporated on 11th June 1973 acquired the land on May 9, 1974 from Katunda Coffee Estates Limited.

However, individuals claiming to be directors of Miaraho Ltd entered into a sale agreement with directors of Hydro Developers Ltd on the land on 27th June 2011 as Sh200 million.

The directors of Hydro Developers Ltd (buyer) are listed as Mukesha Kumar Velji Salva and Rajesh Velbhai Salva while those who acted as sellers are Patrick Githinji Mwangi and Titus Thuo Macharia.

A law firm associated with Paul Mwaniki Gachoka, a commissioner at the Ethics and Anti-Corruption Commission, Mwaniki Gachoka and Co Advocates acted for the same process.

On 22nd, January, 2014 Gachoka wrote to the National Land Commissioner Chairman Muhammad Swazuri forwarding bankers cheques of Sh507, 300 and Sh512, 640 as statutory fee for approval of subdivision and change of user.

Yesterday, commissioner Gachoka said he was out of the country for a week and could not respond to our queries on the transactions. He, however, promised to avail all documents to show that his involvement was above board.

“I have received a lot of questions from journalists about these issue. I am ready to avail documents to show that nothing irregular happened once I am back in the country; I will be back on Saturday,” Gachoka told The Standard.

On his part, Mukesh refused to comment when reached on phone. He disconnected our calls immediately after making an inquiry on the transfer.

The 302 acre piece has been subdivided and chastened River Island estate, with a 40 by 80 piece going for Sh4 million, as the dispute rages.

In 2011, the said directors of Miaraho Ltd were paid Sh201, 933,250 by the KeNHA, as part of the land was acquired for the construction of Western Bypass.