DCI summons parties claiming ownership to Sh80m land in Mombasa

The Director of Criminal Investigations (DCI) has summoned five parties claiming ownership of the land worth Sh80 million situated near Orodha house in Mombasa.

The investigator wants them to show proof of ownership after a complaint from HF Group.

On February 14 2018, Justice Ann Omollo ruled that HF Group is the rightful owner of the said parcel of land that was being contested by Kenya Broadcasting Corporation (KBC).

In the petition filed before Justice Omollo in Mombasa on February 16 2006, HF accused KBC of trespassing on the said land thereby denying them the right to develop it.

However, in defense, KBC said the parcel was government land and had been in occupation for 12 years.

According to HF, it acquired the land from Kensco Agro Products who sold it to HF in 1995 for Sh44 million and commenced to pay land rates to the defunct municipal council.

HF said they later leased the land to Auckland Agencies in 2005.

On February 8 2021 HF wrote to the DCI Nairobi, seeking an investigation of the alleged intrusion into the property by other private parties despite being the owners of the said land.

In the letter, HF authorised signatory Joseph Kamau said the developers had forced their way into the premises despite objections from the Mortgage Company.

He said HF were lawful registered leaseholders of the said properties with original certificate of leases to evidence their right of ownership.

Kamau also said they have been paying rates over the years to the county government for the said plots.
He further said HF had in 2020 leased out the property to a different firm Kamagathu Ventures Limited.

“However persons claiming to be acting on instructions from a developer name withheld forced their way into the premises despite objection by our tenant and the banks’ private security guards. They claimed that their principle had a new title with a different number from the land registry Mombasa office,” said Kamau.

He said hired goons are continuing to prevent their tenants from taking over the site.

Kamau said despite reporting the matter at Central Police Station, no action has been taken.

“We immediately reported the matter at Central Police Station but to date, we have not received any communication or help from them as hired goons continue to prevent our tenants from taking over the site,” said Kamau in a letter to the DCI.

“We, therefore, request your urgent intervention on this matter and assure ourselves that our continued lawful occupation and possession will be protected and our lessee will enjoy quiet possession,” he said.

Urban Sub County Police Commander Eliud Monari said that five people had been summoned over the disputed land.

Monari said the DCI officers handling the matter have written to the Registrar of lands seeking to help them establish who the original owner of the land is and was yet to get their feedback.

However, the police boss did not reveal the parties claiming the ownership of the controversial land claiming it will jeopardise the investigations.