Govt did not acquire widow’s land, official tells court

From left, Ms Agnes Kuria, Mr Benjamin Kuto, Mr Ezekiel Komen, Mr Erick Kibiwott Tarus, Mr Benjamin Rotich and Mr Tom Mainja Chepkwesi at the Milimani Law Courts on December 3, 2013 where they were charged with conspiracy to defraud Ms Ann Kimitei Nyongio of a Sh954 million ranch. A lands official has said the government did not purchase the land as alleged. FILE PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

What you need to know:

  • Mr Paul Mwangi said there are no records on a purported purchase or acquisition of the land belonging to Ms Anne Kimitei Nyogio, 90.
  • He said he was required to indicate if the government purchased the land in 1980 or thereafter and further state the purpose for the acquisition.
  • He also said he was convinced there was no existence of such a settlement scheme.
  • In the case, Ms Kuria, a former lands boss at Ardhi House faces two more counts of abuse of office.

A Ministry of Lands official has denied that the government acquired a widow’s plot valued at Sh954 million that is the subject of a criminal case against close allies of former President Daniel Moi.

Mr Paul Mwangi told a trial court there are no records on a purported purchase or acquisition of the land, which Ms Anne Kimitei Nyogio, 90, claims administrators in the Kanu regime grabbed from her.

Former Kenya Pipeline Company managing director Ezekial Komen, former Eldoret district commissioner Benjamin Rotich, former lands registrar Agnes Kuria and others are charged with defrauding the widow of the 477-acre plot in Uasin Gishu by pretending that the government had acquired the property to set up a settlement scheme.

“Sometime around July 2012, I received a letter from the CID requesting me to give a report on LR 9723, whose title number is 15449 Sogoit River farm,” the witness said.

He said he was required to indicate whether the government purchased the land in 1980 or thereafter and further state the purpose for the acquisition.

“I was required to state whether there was a settlement scheme set up by the government on that land and also give correspondences to confirm if valuation was carried out,” he said.

Mr Mwangi said he was also requested to provide certified copies of minutes of a committee meeting that had purportedly recommended the settlement on the piece of land.

“I responded after checking my records to find out whether there was indeed such a settlement scheme but did not find any,” he said.

NO SETTLEMENT SCHEME RECORDS

He said that after he failed to trace any records, he replied stating that the Ministry of Lands had no such records.

Mr Mwangi said he could not find a trace of when such a transaction took place nor when the said settlement was established.

“I recommended that they carry out a further search; we even tried the provincial Lands office in Nakuru in vain, the witness said.

He said he was convinced no such a settlement scheme existed.

“I looked at all titles and records at the Lands registry and there was none showing that the land belonged to the government,” he said.

In the case, Ms Kuria, a former lands boss at Ardhi House, faces two more counts of abuse of office.

She is accused of arbitrarily issuing instructions on behalf of the chief land registrar to the district land registrar in Eldoret to list the suspects in the case as the trustees of the disputed property.

The suspects have denied that on diverse dates between March 13, l985 and September 25, 2009 in Eldoret Town in Uasin Gishu County, jointly with others not before court, they conspired to defraud Ms Nyongio, the rightful owner of the 477-acre piece of land.

A former district land registrar, Mr Tom Mainji Chepkwesi, two lands officials, Mr Erick Kibiwott Tarus and Mr Benjamin Kikorir Kuto, are also charged in the long-standing dispute.

They are out on a cash bail of Sh2 million each.