Muhoro deliberately confused prosecution on Tatu City land saga, claims Tobiko

The Directorate of Criminal Investigations (DCI) deliberately sent two different files to the Director of Public Prosecutions (DPP) with conflicting recommendations over multibillion land ownership saga at Tatu City.

The revelation by the DPP Keriako Tobiko on Tuesday has put the DCI director Ndegwa Muhoro on the spotlight following previous claims that his office bungled the investigations to favour a certain group.

In a letter to the Ethics and Anti-Corruption Commission (EACC) dated March 15, the DPP directed that the matter, involving the Sh5.3 billion worth of land that had been earmarked for development, be discussed in full in the next meeting of the Multi-Agency Team (MAT).

“There are currently two files in respect of the same subject matter submitted to this office by the DCI for perusal and advice. In the two inquiry files, the DCI makes diametrically conflicting, opposed and irreconcilable findings and recommendations,” the DPP said.

“Another team would also be constituted under the MAT framework to relook at the two files,” he added.

The first Inquiry, file number 77/2015, looked into allegations of fraudulent change and or transfer of shares, shareholding and directorship in Purple Saturn Properties Ltd.

However the second Inquiry, number 40/2015, was about Purple Saturn Properties Ltd, Nahashon Nyaga and Others.

“The complainants in inquiry number 40/2015 are the persons recommended to be charged in inquiry file number 77/2015 in respect of the same subject matter,” the DPP noted.

On March 7, lawyer Ahmedinasir Abdullahi, in a letter through the company Messrs Ahmednasir, Abdikadir & Company Advocates wrote a letter to the DPP questioning the integrity of the investigation in respect of the matter in question and further made grave allegations against the person and conduct of the DCI.

In August 2015, Purple Saturn Ltd reported to the DCI and investigations were launched and several people among them Mr Nyagah, were questioned.

The fraud was detected when the company agreed to sell 1183 acres in Ruiru in March 2014 to Daykio Plantations controlled by tycoon Titus Muya.

However, they discovered that the controlling shareholding in Purple Saturn Properties, which owned the land, had been transferred without their authority, to Nara Company, a company set up by Mr Nyagah.

The file was forwarded to the DPP with recommendation that eight suspects, including Mr Nahashon Nyaga be charged in court. They however went to court to block their prosecution.

It was, however, not established how the DCI conducted another parallel investigation that later exonerated Mr Nyaga and his co-accused persons.

“He (the DCI) appointed a team of police detectives led by a Ms Shamsa with specific and pre-agreed findings to exonerate Mr Nyaga and his associates,” Mr Abdulahi said.

The DPP’s letter was copied to the Presidency, Inspector General of Police Joseph Boinnet, the DCI, Maj Gen (Rtd) Philip Kameru of the National Intelligence Service (NIS), the Interim Director of the Financial Reporting Centre Alex Nandi, the Director of Asset Recovery Agency Ms Muthoni Kimani, and KRA’s John Njiraini.