Conmen sold inheritance of former varsity chief's widow

When a former Kenyatta University vice chancellor died in 1994, he left his wife 3.88 hectares (9.7 acres) in Mombasa.

But in 2000 the widow Prof Peter Gacii, Alberta Mae, was shocked to find out that a person using her husband's name had sold the land.

The land was sold to Dhanhjal Investments Limited for Sh8.5 million.

The seller of the land went by the name Peter Waithaka Gacii and the instruments of the transfer were missing at the Lands Ministry in Mombasa.

Waithaka was not one of her husband's names.

According to records, Mrs Gacii obtained an alleged consent letter signed by the Registrar of Lands allowing the transfer of the land.

The letter dated September 12, 1995, also authorised the removal of a caveat that had been placed on the property to prevent anyone from defrauding the family.

Rosemary Anyango, a registrar of titles in Mombasa, was called to testify in the case filed before now retired judge David Onyancha.

She said she was instructed by the Commissioner of Lands to withdraw the caveat in a letter dated September 12, 1995 and a copy was given to the Criminal Investigations Department informing it that the land belonged to Peter Waithaka Gacii and not Prof Gacii.

The court heard that the disputed transfer was done when the documents were in the hands of a principal registrar of titles in 1996, one Mrs Mutimo.

Dillip Singh Dhanjal, who bought the land, testified that he was introduced to the seller by a broker named Joseph Onyango and bought the land after being assured that Prof Gacii and the seller were the same person.

The seller, however, did not produce his identification card.

Justice Onyancha said: “In my view the above opens a can of worms that this court will now need to answer.”

The judge in his verdict dated July 14, 2006, said he was puzzled how Waithaka convinced the lands registry that he was the deceased.