Pattni under probe over Kubai widow family plot

Controversial businessman and chief suspect in the Goldenberg scandal, Mr Kamlesh Pattni, is being investigated over transfer of prime property on a prime plot owned by the family of freedom war hero Fred Kubai.

Mr Pattni allegedly transferred the International Casino complex on Nairobi’s Museum Hill in a deal worth Sh1.2 billion.

A letter from the office of the Director of Public Publications Keriako Tobiko dated April 2, 2013 indicates that the transaction is under investigation over the use of forged documents.

“The Director of Publiic of of Public Prosecutions has received a complaint regarding the above captioned matter,” the letter to the CID Land Fraud Unit reads.

It adds that the complainant, Mr Andrew Kubai, a grandson of the late freedom fighter, and his mother Florence Mumbi Kubai have already recorded statements with police over the matter.

“Kindly, forward the duplicate investigation police file in the matter for perusal and advise once investigations are concluded,” the letter signed by a Mr Daniel Karuri on behalf of Mr Tobiko says in part.

A trail of documents seen by the Nation indicate that the Kubai family still holds the original title deed, and they are mystified how Mr Pattni, who they say came onto the property as a tenant, managed to transfer it.

One letter seen by the Nation shows that the land in question has changed hands from Azarel Investments Ltd to Edifice Real Estate at a cost of Sh1,280,000,000 while there is a Sh3 billion development is planned for the prime plot.

The government leased the land to casino operators Tourist Paradise Investments Ltd in 1969 and on renewing it in 1983 for a further seven years, included the condition that the land and developments on it would revert to it at the expiry of the lease.

The shareholders of Tourist Paradise were Mr Kubai and Mr Praful Dave.

Mr Kubai was one of the famous ‘Kapenguria Six’ arrested when the colonial authorities launched the 1952 assault against the leadership of the freedom movement. Others in the group were Mzee Jomo Kenyatta, Bildad Kaggia, Kung’u Karumba, Paul Ngei, and Achieng’ Oneko.

He died in 1996 after twice serving as MP for Nakuru East — from 1963 to 1974, and from 1983 to 1988.

In 2008, the Commissioner of Lands issued a title deed to Galaxy Walker Ltd to use the land for 50 years, according to documents seen by the Nation.

NUMBER CHANGED

The property has since been transferred to Azarel Investment Ltd and the Land Registration number changed.

The property has multi-storied developments worth tens of millions of shillings on it and was home to popular entertainment joints such as the International Casino, Galileo Club and Club Afrique until a few years ago when they were al closed pending redevelopment.

The transactions took place despite a government warning, called a caveat emptor, that the property should not be interfered with.

The caveat, put by the Ministry of Home Affairs on April 21, 2005, cautioned that the property, LR 209/7437 (International Casino), situated at Museum Hill, was “not free for sale, sub-division, hiring or otherwise ... further take notice that any person or company who attempts to sell, subdivide or sublet the property risks to be prosecuted,” the notice warned.

The Commissioner of Lands, Mr Zablon Mabea, could not be reached for comment.

Previously, he said the L/R number was changed because the use for which the land was being put has changed. Under normal circumstances, the L/R does not change even if there is change of user.

The International Casino land sage even found its way into the last Parliament when the then Ndaragwa MP Jeremiah Kioni asked thye then lands Lands Minister James Orengo to explain how prime government property ended up in private hands.

The House dissolved before the answer was given.

In a previous interview with the Nation, Mr Mabea, insisted that the land was still government property.

However, it appears that the land was used to secure a Sh160 million loan from NIC Bank that was not serviced, whereupon the bank seized the land and sold it to Galaxy Walker Ltd for Sh155 million.

From the documents, it is not clear under what circumstances the property was transferred to Azarel.

A Judicial Commission of Inquiry into the Goldenberg Affair found that Mr Pattni defrauded the country of billions of shilling through expert compensation for fictitious gold exports.