Da Gama Rose's links to the rich and mighty

The businessman fighting in court to recover a multi-billion shilling property in Nairobi’s Karen area has ties with President Uhuru Kenyatta’s family dating back to independence.

Horatius Da Gama Rose’s father, the late Francis Da Gama Rose, was the late Mzee Jomo Kenyatta’s lawyer and associate.

Da Gama Rose’s two sons, Horatius, who is currently receiving treatment in the United Kingdom, and the late Mirabeau Humberto, also joined the legal profession.

Mirabeau Humberto, who died in 2012 aged 82, is listed as the longest serving chairman of the Commercial Bank of Africa (CBA), where the Kenyatta family has substantial interests, and a former chairman of the Nairobi Securities Exchange (NSE), whose leadership he assumed in 2005. President Kenyatta’s younger brother, Muhoho Kenyatta, is the vice chairman of the CBA board.

The Da Gama Rose family has interests ranging from information technology to tourism, floriculture, financial services, garment manufacturing, printing and packaging and real estate. They also have interests in Maisha Plc and Maisha International Ltd.

Apart from the Kenyatta family, the family has been associated with former Vice President Moody Awori and the once powerful minister in the Kanu government, Nicholas Biwott.

Da Gama Rose had business links with Awori and Michael Somen, who once chaired the board of Access Kenya. His family’s holding company, Da Gama Rose Group of Companies, is housed at Yaya Centre, a building in which Biwott has interest.

Dimitri Da Gama Rose, son of Horatius and managing director of the family company, has been the face of their case in court.

State House yesterday issued a statement to effect that “should the EACC (Ethics and Anti-Corruption Commission) find anyone – including public officers – to have been responsible for fraud, or abetted fraud in the case, then, of course, they will face the consequences set out by the law”.

There have been allegations that senior government officials and a section of MPs have grabbed the land.

On Monday last week, Lady Justice Nyambura Gacheru of the High Court directed Lang’ata police boss Elijah Mwangi to evict persons who have invaded the land, in compliance with a court order issued on September 3. The order stopped three companies from interfering with prime land following an application filed by Da Gama Rose’s Muchanga Investment Ltd.

President Kenyatta is said to have demanded answers from Lands Cabinet Secretary Charity Ngilu and Nairobi Governor Evans Kidero on who is the genuine owner of the land.

Ngilu wrote to the EACC, asking for an investigation on who, between Muchanga Investment and former National Social Security Fund (NSSF) managing trustee Jos Konzolo’s Telesource.Com has the legitimate documents to the property. The minister’s letter is a contradiction of her own ministry, after a senior lands registrar swore an affidavit filed in court, showing the land belongs to Telesource.com.

“These reports from the media and the law firm cast a very dark shadow on the working of the ministry and land transactions at large. There are allegations of impropriety and unlawful activities. Following these reports, and with a view of establishing the true ownership of this land, I invite your team to undertake a thorough investigation in the matter,” Ngilu’s letter to EACC chairman Mumo Matemu reads.

But Senior Deputy Lands Registrar Geoffrey Swanya Birundu’s affidavit reads in part: “That I am aware that according to our records Telesoruce.Com is the registered proprietor of land reference L.R 3586/3 I.R 3187 having emanated from the original title registered in the name of John Mugo Kamau.”

On Thursday, CORD leaders Senators Johnstone Muthama, James Orengo, Boni Khalwale and Suna East MP Junet Mohamed, claimed six senior State officers were involved directly or indirectly in the grabbing of the 134.4 acres. The opposition party has consequently written to the anti-corruption authority, seeking an investigation.

“These public officers are the principal architects in the monumental and unprecedented land grabbing in Karen that defies the letter and spirit of the constitutional dispensation,” Khalwale said.

Among those named are Nairobi Governor Evans Kidero, who has denied any role in the scam, saying he only had an interest in part of the land in his capacity as city governor. He threatened to sue those linking him to the land in his personal capacity.

“My interest and that of Nairobi County is only limited to two parcels of land, 14.5 acres for a school and 3.5 acres for a wetland, which were surrendered in 1995,” Dr Kidero said.

From the documents in court, Muchanga Investments conducted a subdivision of the disputed land in 1995 while Telesource.Com’s subdivision was registered in July, this year.

Nairobi Senator Mike Sonko has also been mentioned in connection with the matter. “I visited the plot because of the complaint I received from a widow who lays claim to it. I am going to enjoin myself in the ongoing case to safeguard the interest of the widow,” Sonko said.

Inspector General of Police David Kimaiyo has dared the CORD leaders to prove their claims, while Criminal Investigations Department Director Ndegwa Muhoro has said it is unfortunate to be branded a thief while conducting investigations.

“Can they give me the allotment documents and show me physically the alleged plot on the ground for my development if it is free for me to possess?” Kimaiyo asked.

Muhoro said: “We had started investigations on the land after a complaint was raised. Honestly, I do not have land there.”