Ruaraka Land scandal claims another victim

Police are holding a man who has been masquerading as a NIS, Kebs, EACC, ODPP and immigration official at different occasions in Nairobi. The man identified as Moses Muigai Ngugi was arrested on Wednesday with fake ID cards showing he works for the government agencies.

Two guns and over 700 bullets were recovered from his house in Syokimau, Nairobi during the incident. He was arrested in Lavington, Nairobi, where he was meeting businessman Francis Mburu after he promised to help him deal with the Ruaraka land matter.

It was after his arrest that he led police to his house in Syokimau where the weapons, fake IDs and bullets were recovered. Police say the man has conned many people in the city while masquerading as a government officer and want anyone who has been a victim to report to Nairobi Area Flying Squad. Head of Directorate of Criminal Investigations in Nairobi Nicholas Kamwende said they would dig up on him to establish if he had been involved in other crimes. He added they would also establish if and how he got his gun licences.

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He had told Mburu he works with National Intelligence Security which prompted the businessman to alert police. The National Land Commission Chairman Muhammad Swazuri has since intimated the controversial Ruaraka land is private. Mr Swazuri said the owner, Afrison Export Import Limited, has been complaining about illegal intrusion for more than 30 years, and there is no Deed of Surrender to indicate that the land was handed over to the government.

He alleged there is a cunning plan by the media as well as a section of government officials to push him and fellow commissioners to resign.

“Only cowards resign because of intimidation. We are here to stay and help President [Uhuru] Kenyatta realize his four agendas,” he said. Prof Swazuri reiterated that the commission was first aware of the matter in July 2015 when Afrison Limited sought its intervention.

“The gist of the complaint was that its property had been illegally occupied, which occupation he contested for over 30 years without much help or success,” the Chairman said.

The NLC, he said, pursued the matter with the ministries of Education and Lands, the Office of the Government Adviser, the Attorney General and others, to confirm the claims.

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“The Ministry of Education Cabinet secretary wrote to the NLC on March 17, 2018 acknowledging the complaint and confirming that indeed there were public schools built on the private land. The CS then formally requested the commission to guide it in the requisite formal process and secure public interest by acquiring the land on which the schools stand,” Prof Swazuri said.

The Attorney General too, he said, wrote an advisory opinion to the Ministry of Education on July 7, 2017 confirming the public interest of the schools and the need for compulsory acquisition since the facilities are on private land.

“If all these have done their investigations in the past and confirmed in writing that the Land is indeed private land, why is it then that we have these confrontations? This is pure witch-hunt and it is very unfair to the commission,” he said.

He also said that records at the Ministry of Lands and Physical Planning indicated that on March 28, 1984 the registered owner objected the conditional approval of the subdivision by the Nairobi City Council.

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“If a subdivision is approved and all conditions are accepted by the applicant, requisite approval fees are applicable and a new survey is undertaken. Planning requirements form part of the conditions and may require that the applicant surrenders a specific part of the land (10pc) for public utilities and purposes,” he said, adding that upon sublission a Deed of Surrender must be prepared and put on record.

A letter by Afrison Director Francis Mburu on November 16, 2016 titled “Historical injustices partial occupation of private property by the Ministries of Education and Interior”, requested the commission to compensate the companies for the illegal occupation by Ruaraka Secondary School (13 acres) and a chief’s camp (4 acres).

Last week, Mr Mburu, his two sons and businessman John Mutwiri were arrested and interrogated by the Ethics and Anti-Corruption Commission pertaining the issue. Mr Mburu later said he will sue the Nairobi County government over the dispute and also present the matter before the Dubai International Court.

Mr Mburu, 65, accused Nairobi Governor Mike Sonko of deceiving Kenyans and the government, saying that Mr Sonko and other individuals had illegally allocated over 800 plots that are on his property.

“My companies Afrison Imports Limited and Huelands Limited has never surrendered the land. That land is my property since 1981. I now want Sh30 billion from the Nairobi County government because they took the property and they have built highrise buildings on my property; and now they are talking about surrender,” he said. The businessman said the government had allocated over 13 acres of land to the public and then claimed that it was surrendered.

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