DPP orders for Mung’aro arrest over Kilifi land

Kenya: The Director of Public Prosecutions (DPP) Keriako Tobiko wants Kilifi North MP Gideon Mung’aro investigated over land fraud at the controversial Chembe Kibabamuche Settlement Scheme.

A magistrate terminated a trial that has been in court since 2010 and ordered a new investigation into the said prime land fraud, which Tobiko now says should include Mung’aro.

The DPP said Mung’aro, who was the Malindi MP during the allocation, was wrongfully let off the hook during the investigation of a lease title that was reportedly issued illegally in 2010.

But yesterday, Mung’aro, who is the current Kilifi North MP, insisted his only role in the matter was to write a letter to the then Commissioner of Lands endorsing a list of supposed genuine squatters in need of land at the scheme.

It was a dramatic turn of events on Friday for Munga’ro, who until then was listed as a prosecution witness in the long running trial of Athman Otime Juma, the interdicted Registrar of Titles at Kilifi Lands registry.

Athman was charged with issuing a lease letter to a Mr Karisa Mbitha illegally. The prosecution has alleged that Athman issued the lease to Mbitha on September 29, 2010 while knowing that another lease existed for the same land held by Malindi Masketeers.

As the trial resumed last week before Malindi Senior Resident Magistrate Yusuf Shikanda, Henry Achochi the DPP’s representative, declared that Mung’aro and former Commissioner for Lands Zablon Mabeya ought to have been investigated and charged over the allocation instead of the MP being called as a prosecution witness.

Mr Achochi said he had instructions from the DPP to withdraw the case against Athman to allow for fresh investigations that would nab the ‘big fish’. He suggested that the interdicted official might have been charged as a ‘sacrificial lamb.’

“Your honour we have gone through the police file and discovered that some of our witnesses ought to have been charged,” said Achochi, who then applied for the withdrawal of the case against Athman under Section 87(a) of the Criminal Procedure Code to enable police carry out further investigations in respect to Mabeya and Mung’aro.

“In the above circumstances, we pray that this matter be withdrawn under Section 87(a) of the Criminal Procedure Code to enable us carry out further investigations in respect of one Mr Mabeya, who is the former land commissioner, and Mungaro,” Achochi pleaded and disclosed further that police also intend to investigate lawyer Morris Kilonzo of Kilonzo and Company Advocates.

“We have officers from Nairobi who will record statements from those who we intend to investigate, hence we pray that our application will be allowed,”Achochi concluded.

 LEGAL BATTLES

But Mr Kilonzo, who is representing Athman, opposed the DPP’s application, terming it belated and unwarranted since the trial has been ongoing for more than two and a half years. However, Achochi replied that a new investigation might absolve Athman. “Why were the big fish not charged?” Achochi questioned referring to the just terminated trial and declared that the alleged masterminds of the fraud “are not above the law.”

The magistrate allowed the DPP’s application and said such withdrawal of cases is permitted in law. “I therefore allow the application and the matter is withdrawn under Section 87(a) of Code and the accused discharged,” Shikanda said and further ruled that the land fraud be thoroughly investigated and anyone involved taken to court.

Yesterday, Mung’aro said he was aware of the development and declared he was ready to be investigated, insisting he committed no crime in writing the letter, because as the local MP he endorsing a list believing it contained genuine squatters.

“I do not have any powers to issue any title deed and my conscience is clean. I have not committed any crime,” he told The Standard.

Mabeya said he was not aware of what had transpired on Friday in Malindi. “I was not even aware of any court case,” he said on phone when reached him for comment.

Settlement at the scheme has been riddled with controversy and alleged corruption including double or multiple allocation, which has led to protracted legal battles between Italian investors and local residents.

There are now over 300 such disputes at the Malindi Land and Environment Court.

Recently, the National Land Commission also spent more than three weeks at the controversial scheme and commission chairman Muhammad Swazuri hinted that illegally allocated titles would be revoked.