MPs target powerful Moi-era leaders in ADC land dispute

A parliamentary committee has said it will recommend the revocation of title deeds of powerful individuals in retired President Daniel arap Moi’s administration, who are said to have illegally acquired land belonging to the Agricultural Development Corporation (ADC).

Dr Rachael Nyamai (Kitui South), chair of the National Assembly's Lands committee, said on Wednesday that the committee had all the information it required to state its position on the 912.4 acres of land in Magarini constituency, Kilifi County.

A document tabled before the committee by Agriculture Chief Administrative Secretary Andrew Tuimur shows that former powerful Cabinet minister Simeon Nyachae and Mr Moi's close family members and friends were among 125 individuals and companies who illegally acquired the land. 

“We have since learnt that the transfers were illegal because they were not sanctioned by the ADC board,” Dr Nyamai told the Nation of the illegal acquisition said to have taken place between 1996 and 2006.

PARTIES AFFECTED

Other parties listed as beneficiaries include the late former ministers Kipkalya Kones and Katana Ngala, former assistant minister Abubakar Badawy and Zipporah Kittony, who was a senator in the last Parliament.

Former MP Jonathan Nzai; Egerton University Vice-Chancellor Prof James Tuitoek; Mr Gideon Toroitich, the retired president's nephew; and the late Ezekiel Barngetuny, who was Mr Moi’s key political ally during the Kanu days, are also named. 

The committee is planning to meet officials of the Ethics and Anti- Corruption Commission (EACC) next Thursday to establish the status of investigations.

“We will meet the EACC for updates on whether they have concluded investigations on the land. If they are done, the committee will assess the nature of the report and make recommendations,” Dr Nyamai noted.

In 2010, the anti- graft agency halted transactions on the land but three quarters of it had already been taken by individuals. The remaining part had been sold and title deeds were to be issued.

COURT ACTION

On Tuesday, Mr Tuimur, who was accompanied by ADC Managing Director Mohamed Bulle, told the Lands committee that the ADC board did not approve transfer of the parcels of land to third parties.

He pleaded with the committee to help the ministry recover the land.

Committee members including Teddy Mwambire (Ganze), Michael Kingi (Magarini), Owen Baya (Kilifi North) and Dr Nyamai were baffled when they discovered that the ministry had done nothing to repossess the land.

Mr Kingi said, “So what have you been doing? It is clear that you have never gone to court or sought the intervention of investigative agencies but here you are seeking to have the land back."

EVICTIONS

The matter came up through a petition by Mr Kingi, who said residents were evicted from the land before it was allocated to the ADC.

The MP said that before independence, residents of Sabaki in Magarini were forced to vacate their ancestral land.

The residents were relocated to land that is not arable by the colonial government to pave the way for establishment of Kisima farm which is owned by a foreigner.

The eviction was done without compensation yet the farms were rich in cash crops such as cashew nuts, coconuts and mangoes.

ILLEGAL ALLOCATION

After independence, the Kenyan government repossessed the land and placed it under ADC management.

With the dwindling livestock enterprise under the ADC management, locals felt it was a deliberate attempt to allow well-connected individuals to easy access to the prime land.

True to their fears, a letter dated March 13, 2015 from the National Land Commission confirmed that the land was illegally allocated.

Efforts to have the matter addressed by relevant government agencies have come to naught.