The nine-acre piece of land off Mombasa Road on which Kings Business Park sits is government land fraudulently acquired by businessman Jacob Juma and former President Daniel Moi’s son Jonathan Toroitich Moi.
The National Land Commission (NLC) has therefore recommended that title L.R Number 209/12490 initially issued to Sakir Properties be revoked.
The Public Investments Committee (PIC) had also investigated the matter and concluded the property belonged to the Horticultural Crops Directorate (HCD).
The HCD, formerly known as Horticultural Crops Development Authority (HCDA), was to build its headquarters on the land, according to records seen by the Nation.
“It is a fact that public land was stolen after the government had paid fees on it and is currently in the hands of a private investor who stole it knowing clearly it belongs to the public,” the NLC report stated.
Currently, the land in question has 28 godowns of approximately 10,200 square feet each.
Mr Juma, however, defended himself, saying he bought the land from Mr Toroitich and that the transaction was neither malicious nor fraudulent.
“I have seen the documents and they are valid. I bought the company later from Jonathan Toroitich Moi, who was the original owner, at Sh9 million. I am an innocent purchaser. It was purely commercial,” he said yesterday.
Mr Juma said the land had two letters of allotment, one for Sakir Properties and the other for the HCDA.
“HCDA could not raise the 1.7 million for the land rates. Mr Jonathan Moi was given the allotment letter, he paid and later sold the land to me. Where does fraud come in?” he asked.
The Registrar of Companies said Sakir Properties was registered on June 19, 2009 by Mr Jonathan Moi.
Its current directors and shareholders are Mr Jacob Juma, Mr Patrick Ndichu Nganga, and Mr Naylar Shivachi, who held 400, 100, and 100 shares respectively.
The businessman said the HCDA had been given another land, where its headquarters was built.
“I [kept] the land till 2009, when I sold it to Double Ess Development Limited,” he said.
“A letter of allotment is not a title deed. They were given for 30 days, but they could not pay, and the offer elapsed. Another person applied and they were given the land,” he added.
Mr Juma, however, said he no longer owns the land.
The land, measuring 3.5 hectares, was granted to the HCD on February 1, 1987 for a period of 99 years.
The annual rent was said to be Sh162,500 and the land was valued at Sh5 million then, according to the Land ministry’s deputy chief valuer, Mr Joseph Mwaniki, in a letter dated June 14, 1988.
The NLC established the same land was on January 1, 1999 allocated to Sakir Properties Ltd for a period of 99 years with an annual rent of Sh240,800.
The ministry demanded a total of Sh1,712,013 from the HCDA, being payment in lieu of rates payable on the property for the period February 1, 1987 to December 31, 1998.
Investigations reveal agents for Sakir Properties stole documents to the land in question, LR No. 209/12490, during registration.
It later fraudulently registered the same parcel in its name, and later sold it to Double Ess Properties Ltd when the matter was in court contrary to the law.
An affidavit dated February 28, 2008 and sworn by an HCD internal auditor, Mr Isaac Chemwon Meto, states the HCD paid stamp duty and other money totalling Sh152,608.30. The money was paid on March 30, 1987 and a receipt — number B290939 — issued.
The NLC said the land was stolen during the period when the HCD sought a waiver of some accumulated rent from the Commissioner of Lands, the letter referenced HCDA/CONF/A.3/5/(13) and dated August 25, 1992 states.
The HCD was, however, later told to seek exemption from the Treasury.