MPs fault Lands Ministry for laxity, urge DCI to intervene in stalled fraud cases
Members expressed frustration over what they termed as deliberate delays and inadequate responses by Lands Ministry officials.
The National Assembly Implementation Committee has raised concerns over the Ministry of Lands’ continued failure to resolve two land disputes, accusing it of negligence and recommending that the Directorate of Criminal Investigations (DCI) Lands Fraud Unit take charge to speed up investigations and enforce parliamentary resolutions.
During a session on Tuesday chaired by Embakasi West MP Mark Mwenje, the committee criticised the ministry for not acting on recommendations adopted in the 12th Parliament, relating to a land dispute in Nairobi’s Mowlem Ward and another in Magarini involving Galana Ranching Scheme.
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Members expressed frustration over what they termed as deliberate delays and inadequate responses by ministry officials.
Appearing before the committee on behalf of Lands Principal Secretary Nixon Korir, Chief Land Registration Officer David Nyandoro said the issues raised fall under the mandates of the National Land Commission (NLC), the DCI and the Ethics and Anti-Corruption Commission (EACC).
“Chair, it is the view of the Ministry that these recommendations fall under the mandate of the NLC, DCI, and EACC, and therefore, these bodies are best placed to provide a status update,” he told the committee.
The statement was, however, dismissed by Mwenje, who accused the ministry of failure to act despite having the responsibility of issuing land titles, some of which were allegedly fraudulently allocated.
“The responsibility of issuing title deeds lies with the Ministry of Lands. I have copies of several titles here, fraudulently issued by the ministry officials. Why have you allowed the public to continue being conned into buying this piece of land?” he posed.
Other members of the committee also criticised the ministry’s handling of the two cases, with Ainabkoi MP Hilary Kosgei describing the ministry’s report as shallow.
“Chair, the response from the Ministry of Lands is very shallow and unconvincing. The Ministry has been home to fraudsters, from the ministry officials to their partners outside of the ministry. Could we have the serious land fraud office at the DCI take up the matter?” he said.
His sentiments were echoed by committee members Lilian Siyoi, Ntutu Kitilai, Memusi Kanchory and Chairperson Raphael Wanjala, who backed the proposal for the DCI to take over and work with NLC to implement Parliament’s resolutions.
One of the disputed parcels is land reference number LR. NO. 11379/3, which originally belonged to Khan Nawaz, Khan Abbas, and Mehdi Khan.
Five individuals, Kibiro Karanja, Reuben Kangara, Keingati Waiharo, Peter Gacheru Kingara, and Njuguna Kimani, were appointed to represent 225 other interested buyers. These five formed the Kiambu Dandora Farmers Company Limited and acquired the land.
However, a dispute later erupted when they declined to transfer ownership to the rest of the members, prompting the formation of Dandora Housing Scheme Ltd, which went to court. Justice Sachdeva ruled on September 8, 1983, that the land be jointly owned by the five representatives and the 225 contributors.
The Ministry had earlier informed the committee that the land belonged to Dandora Housing Scheme Ltd and that a provisional title had been issued to them. However, this title was later fraudulently transferred to Falcon Kenya Ltd, owned by Peterson Waithaka.
The Departmental Committee on Lands had recommended that the National Land Commission compensate both Dandora Housing Scheme Ltd and Kiambu Dandora Farmers Company Ltd. It also directed the DCI and EACC to probe the alleged fraud and forgery and prosecute those responsible.
The second case involves a petition filed by former Magarini MP Michael Kingi on behalf of residents affected by the irregular expansion of the Galana Ranching Scheme’s boundaries. Kingi, who attended the meeting, lamented that the matter has dragged on for years, describing it as one of the many land-related injustices affecting coastal communities.
The Departmental Committee on Lands had, in its May 11, 2022 report, recommended that the Director of Surveys, working with the Agricultural Development Corporation (ADC), Kilifi County Government, the NLC and representatives of the community, conduct a repeat boundary verification to determine the correct boundary between Galana Kulalu Ranch (ADC 1 FR. 119/86) and the Adu Kamale and Adu Chamari adjudication sections within six months.
Following the session, Mwenje directed that the DCI take charge of both matters and report their findings to the Committee within 90 days.
He also ordered the Ministry of Lands and the NLC to begin implementing the resolutions passed by the House and submit a progress report to the committee within the same period.
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