Ngilu is said to be leading the grabbers who also include Julius Kitur and Albert Kitur, as well as Abbas Khalifa. The businessman has written two letters to the Ethics and Anti-Corruption commission, accusing Ngilu of direct involvement.
The plot was among those that Ngilu stormed following protests from the public and criticism from President Uhuru Kenyatta over the grabbing of the Lang’ata Road Primary School playground. She went on a whirlwind tour of other plots she alleged had been grabbed and vowed to repossess them.
Ngilu told the President to give her and the chairman of the National Land Commission, Dr Mohammad Swazuri, a chance to demonstrate that they can carry out their mandates.
Ngilu ordered the developers at State House Crescent and the Kibagare River Valley in Lower Kabete to clear their materials and equipment from the sites before bulldozers move in.
On January 21, Ngilu led a group of people, including her personal assistant James Mbaluka and Khalif, who demolished structures on the plot at State House Crescent, expelled workers and placed people wearing NYS uniform to guard the place.
A signboard was erected saying the plot belonged to the government.
In its second letter to the EACC, dated January 22, Myta Ltd said Ngilu had returned to the property the following day with a private contractor who took possession.
“The people who had been stationed there dressed in NYS uniform were then quietly withdrawn. The contractor brought trucks of building material within one hour of taking possession,” the company said.
In September last year, a fresh title for the same land was produced under the names of Abbas Khalif, Julius Kitur and David Langat. The three then deposited the title with the law firm Tripleoklaw for safe custody. According to the agreement signed with the law firm on November 4, 2014, none of the three signatories may retrieve the title without the written consent of the others.
Myta had first written to the EACC on December 17 last year, to formally lodge a corruption complaint “against an illegal, fraudulent and corrupt scheme” to defraud it of its property known as LR 209/19473. The fraud was perpetrated “by people who had altered genuine and official government lands records, working with senior politicians and officials of the ministry”.
The company named Ngilu, chief Lands registrar Sarah Mwendwa, officers under Mwendwa, the director of Survey and two men identified as Julius Kitur and Albert Kitur.
“It is my belief that there is an aggressive corrupt scheme in place by parties acting in concert with, or connected to, powerful political and senior officials in the ministry of Lands, including the offices of the chief Lands registrar, Registration department and director of Survey, who are in the process of, or at an advanced stage of, unlawfully trying to commit corruption intended to defraud the complainant of its parcel of land by not only destroying the original and genuine government records reflecting the complainant’s lawful ownership of the prime property, but also falsifying and/or creating parallel records of fake government records to validate their corrupt scheme,” he told the EACC.
Additional reporting from The Star
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