AG denies giving nod to land scam

Attorney-General Githu Muigai. He has disowned a legal opinion from his office advising the Lands ministry to transfer land belonging to the Kuwait Government to a private company. He instead demanded the file containing a case in which Shimoni Resorts Ltd is demanding Sh2.3 billion as compensation from the government for the disputed property. PHOTO/FILE

What you need to know:

  • Prof Muigai Sunday instead demanded the file containing a case in which Shimoni Resorts Ltd is demanding Sh2.3 billion as compensation from the government for the disputed property.

Attorney-General Githu Muigai has disowned a legal opinion from his office advising the Lands ministry to transfer land belonging to the Kuwait Government to a private company.

Prof Muigai Sunday instead demanded the file containing a case in which Shimoni Resorts Ltd is demanding Sh2.3 billion as compensation from the government for the disputed property.

“This matter has never been brought to the attention of the AG.

He has now called for the file for his personal review of the same.

After review, the AG will be meeting Minister Ngilu to chart a way forward that protects the public interest,” Prof Muigai wrote in a short text message.

The AG was reacting to a story in the Sunday Nation, detailing how Lands Cabinet Secretary Charity Ngilu has been sucked into a suspected fraudulent scheme through which wheeler-dealers are targeting hundreds of millions of shillings of taxpayers’ money through her ministry.

The scheme involves prime land in Nairobi, whose ownership was illegally transferred by well-connected individuals, who turned around to sue the government when the ministry revoked the title.

The slightly over one acre property in Westlands nearly became a diplomatic issue as it belongs to the Kingdom of Kuwait, which complained about its illegal transfer.

The suspected fraudsters have roped in influential public servants in the scheme and are now in court demanding Sh2.3 billion compensation from the government. The sum includes Sh1.6 billion in “loss of profits for the expected development”.

But in a curious legal opinion, dated August 30, this year, and addressed to Lands Principal Secretary Mariamu El Maawy, senior deputy Solicitor-General Muthoni Kimani, on behalf of the AG, warns that the government stands to lose huge amounts of money if the ministry fails to hand the property to Shimoni Resorts.

“The petitioner states that it was never notified of the cancellation, and that it has not received any formal notification to date, and that it has suffered a loss in the sum of Ksh2,339,211,790.00,” Ms Kimani states.

The letter also says the registrar had no powers to cancel the title.

Asked whether he was unaware of the legal opinion emanating from his office, Prof Muigai responded: “I cannot look at every file my dear friend. She is senior deputy Solicitor-General.”

Mrs Ngilu has maintained that the land in question belongs to the Kuwait Government.

She has also disagreed with the legal opinion.