Widow wants lands agency enjoined in Karen land case
A widow claiming the controversial 134-acre land in Karen, Nairobi wants the National Land Commission (NLC) enjoined in the suit over allegations of fraud in the transfer of its title deed.
Ms Carmelina Mburu, widow of former Nairobi Provincial Commissioner John Mburu, wants NLC to provide information showing the true owner of the land.
She also wants the Director of Criminal Investigations and the Ethics and Anti-Corruption Commission to investigate how the land was transferred from her husband to Muchanga Investment Limited.
“The commission scrutinised documents in the company’s possession which the widow believes are a forgery. DCI investigated the matter and we want it to table its report,” said her lawyer Evans Ondieki.
He said the transfer of the land valued at Sh8 billion to the company in 1983 was done without his client’s knowledge and that she has complained several times to the public trustee about invasion of her land but no action was taken.
SHED MORE LIGHT
“EACC and DCI could shed more light on the case having investigated the matter, which could help the court reach a just decision,” said Mr Ondieki.
Muchanga Investment Limited director Horatius Da Gama Rose swore an additional affidavit to prove he acquired the land from Barclays Bank as the executors of the Will of the late settler Arnold Bradley who originally owned the land.
“The bank has confirmed it was the only one with capacity to transfer the land after the death of Mr Bradley and that the process of transferring the land was completed in 1983, the same year we were issued with the title,” said Mr Rose.
His lawyer Cecil Miller submitted that the response by Barclays confirmed they dealt with Mr Rose and that at no time did a Mr John Mugo Kamau assume possession of the land from Mr Bradley.
“Thus, it is not true that Mr Bradley transferred the land to Mr Kamau in 1978 when he died in 1973. The said transfer was obtained through fraud, is illegal and should be declared null and void,” he said.
He added that Mr Kamau had no genuine title to sell the land to Telesource Limited, a company owned by former National Social Security Fund boss Jos Konzolo.
Mr Konzolo swore that his company conducted a search and verified the title was legal before buying the land.
The dispute begun when Mr Rose sued Telesource Com Limited, Habenga Holdings, Jina Enterprises Ltd, Director of Survey, Director of Physical Planning, Ministry of Lands, Registrar of Titles and Chief Land Registrar for allegedly acquiring his land illegally.
Lady Justice Lucy Gacheru set the hearing on February 23. She at the same time extended orders barring any activity on the land.