Police face hurdle in Lamu land probe as firms snub summons

NAIROBI, KENYA: It is becoming difficult for police to investigate the real owners of the companies that were allocated almost 500,000 acres of public land in Lamu, it has emerged.

Only two directors have honoured summons by the Criminal Investigations Department (CID) which has ordered directors of the 22 firms involved to record statements with detectives as the probe enters its second week.

Alice Masaa and Margaret Kavulani, who are listed as directors of Brick Investments Limited, appeared before the CID last week on Tuesday as investigations gathered pace.

The two are also listed as directors of another firm - Dynamic Trading Company Limited.

On November 8, 2011, Coast assistant Commissioner of Lands Muthomi Ngaruthi wrote to then Lands Minister James Orengo, now Siaya senator, seeking his approval and any instructions on the allocation of the plots to Savannah Fresh Fruits Exporters and Dynamic Trading Co Limited, which the minister noted 'approved'.

"This is in reference to a letter dated November 2, 2011, by the chairman of the County Council of Lamu recommending allocation of the ranching to Dynamic Trading Co Limited and Savannah Fresh Fruits Exporters. Both the District Commissioner and District Development Committee have recommended the application accordingly. In view of the above, the proposals are recommended and forwarded to you for consideration/further instruction," Muthomi wrote in his memo to the minister.

Although Orengo was adversely mentioned by his successor Charity Ngilu as among those likely to be investigated, by Monday, police were yet to reveal if they will summon him.

Last week, Orengo confirmed he was yet to be invited to face the investigators,saying he was willing to do so should the cops summon him. His then Permanent Secretary Dorothy Angote is also yet to be called.

However, former Lands Commissioner Zablon Mabea and former Chief Land Registrar Wambugu Ngatia are among the 18 senior lands officials who have since recorded statements.

Monday, sources said Ms Masaa and Ms Kavulani refused to divulge who the real owners of the land were. But other sources said the land belonged to a prominent Nairobi-based businessman.

This prompted Director of CID Ndegwa Muhoro to issue the summons through the media after his officers failed to track the listed directors using the addresses indicated.

He said so far more than 18 land officials had recorded statements with the team that comprises officials from the CID and Ethics and Anti-Corruption Commission.

"Investigations are progressing well and we hope all these people mentioned will come in time so that we close the files and forward them for further action," said Muhoro.

The CID boss later briefed senior officials at the Office of the President, Harambee House, in a meeting he was reportedly told to ensure they get those behind the firms.

"He was informed not to take the matter lightly and know who the real owners are. It does not matter who they are because the President wants to know that," said a senior official aware of the probe.

Other sources said lawyers of the mentioned companies had contacted the probe team, saying they were ready to face it.

The sources added they were faced with an uphill task after it emerged some of the parcels belonged to top government officials, security chiefs and powerful businessmen.

"The problem is some of the listed directors are just proxies. The names behind them are bigger and it is who is who in this government," said our sources who requested anonymity.

For instance, two firms that own land in the area have been linked to a senior State officer.

Another parcel is linked to three top government officials who include a Cabinet secretary and two security chiefs, a female politician from Central Kenya, a Mombasa-based politician and a seasoned Nairobi businessman.