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Victims of land grabbing in Mavoko say a governor, the governor’s brother, two lawmakers and a senior police officer are to blame for their woes.
Hired men assaulted their latest victim who had gone to reclaim his property 10 days ago following a Daily Nation expose.
Officials of Kamulu Housing, a company with offices in Tala, Machakos County, will record a statement at the Directorate of Criminal Investigations (DCI) today relating to the long-running dispute.
It has emerged that a wealthy individual owning three international companies is among landowners barred from their properties by the hired gangs.
The firms are Highway Industrial Park, Gulf Emirates Holdings and Aldus Ltd.
A Nairobi-based businessman who bought land from British American Tobacco (BAT) cannot access his property.
That is also the case with a group led by Mr Joseph Theuri, the Director of Land Converters Ltd.
The Kenyan, who bought land from BAT in 1992 and who spoke in confidence due to the sensitivity of the matter, said he was barred from accessing the piece.
When his father was purchasing the land, it was Mr David Maraga – a lawyer – who signed the documents for the family.
At the time, Mr Maraga was with Bowry, Maraga and Company Advocates, a law firm.
Mr Maraga later became the country’s Chief Justice.
“Mr Maraga represented us during the transactions with BAT Kenya. It is absurd that we are suffering yet we have documents showing we are the rightful owners of the property,” the businessman said.
He added that it is not their choice that their land is lying idle because their efforts to develop it “have resulted in troubles and pain”.
The businessman said his workers have been assaulted and that one had his right hand amputated.
“This is terrible. It is growing worse every new day and no one is willing to come out and solve the matter,” he said, also pointing the finger at elected leaders.
The businessman said his family land has been divided into several sections.
“Beacons were put up despite a court order barring any activities on the farm,” he said.
Lawyer’s demand
It has also emerged that when officers attached to Kinanie police post in Athi River attempted to enforce the court order, a lawyer issued them with a demand.
The Daily Nation is in possession of the November 11, 2020 letter that was penned by the lawyer, which was addressed to the officer only identified as Inspector Muriithi.
“We have been instructed by our above-referenced client to address you, which hereby do that you cease from carrying out acts of contempt. The court issued injunctive orders against any interference over the suit property,” the letter read in part.
It further asked the inspector never to send his officers to the disputed land unless the orders are challenged in court.
In the letter, the lawyer accused Inspector Muriithi of carrying out farming on the piece of land alongside Ms Catherine Ringera.
“You appear to be the main perpetrator in its breach by carrying out farming together with one Ms Ringera…besides misusing your office to threaten and intimidate our clients with eviction and charging them with framed charges,” the letter read.
The matter came up at the Machakos Environment and Land Court on Wednesday last week, where lawyer Francis Kalwa was asked to issue identification cards to people he says own the land. He failed to do so.
It was the third time the lawyer was appearing before Justice Annette Nyukuri and failed to present the ID cards of the people he was representing in court.
Justice Nyukuri gave Mr Kalwa 14 days to produce the documents, failure to which the case would be dismissed.
Western Asia financiers
The landowners, who include politicians and wealthy businesspeople have been unable to deal with the cartels who – according to National Intelligence Service (NIS) briefs seen by the Daily Nation – are financed by people in western Asia.
Parts of the vast land are being run by cartels working against court orders.
They are engaged in quarrying in Ngelani area and are always ready to fight anyone who dares question them.
The Daily Nation has established that those who bought the land from Kamulu Housing and referred to the estate as Mayland Phase one, two and three, were duped by a Nairobi-based lawyer.
The advocate told them that he was in a position to help them get title deeds.
The would-be landowners parted with millions of shillings but nothing appears to be moving.
The lawyer approached those who had purchased land from Kamulu Housing in 2017 and told them that he would assist them to get titles.
It is on this matter that the management of Kamulu Housing is expected to record a statement with the DCI today at 10 am.
“Each of us parted with Sh45,000. We are around 700 members. The title deeds have never been processed,” said Mr John Oduor, the chairman of the Mayland Residents Association.
He added that grabbers took advantage of the confusion and are now occupying any vacant land and selling it to people who end up being dragged to court on matters that they don’t fully understand.
Several meetings have been held at Mayland to deal with the situation but little is being done to restore sanity.
The last meeting was on February 3, when a man identified as Eliezer Omariba, 75, was badly beaten by more than 20 men.
Mr Omariba read the Daily Nation expose on January 30.
On February 2, he arrived at the plot with three workers and began putting up a structure.
Assault
The following day, armed men on five motorbikes arrived at the site and assaulted them.
“The workers took off, leaving me behind. One of the men hit my head with a metal rod. I am yet to fully heal,” Mr Omariba said.
A P3 form Mr Omariba obtained from Athi River Level Four Hospital shows that he sustained a cut on his head.
The elderly man sought treatment at Megalife Hospital in Ruai.
He reported the assault at Ruai police station on February 3 but was referred to Muungano Police Patrol Base.
The men, who were arrested and positively identified by Mr Omariba, have never been arraigned.
When the Daily Nation contacted Mayland Officer Commanding Station Jesse Muriithi and asked why the suspects have never been taken to court, he accused Mr Omariba of delaying to produce the P3.
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Mr Muriithi added that he reached out to Mr Omariba.
Mr Omariba said he bought the land from Ms Philipian Adhiambo. Ms Adhiambo, he said, resides in Kilifi.
Documents in our possession show that he bought the 100ft by 100ft plot for Sh1.6 million. The final payment was on November 14, 2020.
A source told the Daily Nation that the hired gangs protect Mayland Phase 3. They work for a company that claims to own the land.
Company director, Bashir Mohamed, told the Daily Nation that they resolved to “protect” the land because “we have also been attacked in the past”.
“Are you aware that armed people came and attacked us? They fought our workers and nothing was done despite the matter being reported to the police,” he said.
Nairobi Police commander Adamson Bungei said claims of rogue police officers being involved in shady land deals are generalised.
“I assure Kenyans that we will not entertain any cartels be in whatever formation,” he said.
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