Land syndicate mints millions from unsuspecting buyers in Mombasa

A human rights lobby has warned of a land syndicate in Mombasa that has been minting millions of shillings from unsuspecting buyers.

The syndicate, according to the Muslims for Human Rights, has been selling one piece of land to multiple buyers, who then find themselves entangled in long, tedious and exhausting legal battles.

Muhuri rapid response officer Francis Auma told the Star on Wednesday the syndicate involves senior national and county government officers, who provide protection for fraudsters at a fee.

Most of the reported cases are from Loma, Kashani, Vikwatani, Shanzu and Nguu Tatu in Kisauni and Jomvu, Auma said.

“The fraudsters collude with people in the Lands ministry to temporarily alter records for the purpose of convincing the buyer so they feel the deal is genuine and the land authentic,” Auma said.

The latest case that Muhuri has documented involves a woman, Serah Kilonzi* (not her real name), who bought a 100m by 100m plot in Loma from a police officer, who held a high rank in Kisauni.

Kilonzi bought the land in 2018 at Sh700,000.

She did all the paperwork, had the agreement signed and sealed, before starting to construct her house.

“I had done the foundation and was now doing the walls but when I reached the window level, I ran short of cash and had to stop for a while,” she said.

But one day while at work, she received a call that she should rush to the site where she was constructing her house.

A prominent businessman with police officers in tow, had started erecting a perimeter wall on her land and three others, claiming he had bought the whole piece.

“I reported the matter at the police station but the businessman was allowed to continue with the construction of the wall. That was the start of being taken round in circles by all offices she visited,” she said.

Auma said Kilonzi was a prisoner in her own land.

“She was locked out of the land and could not access it without express permission from the prominent businessman,” the rights activist said.

He said a similar case has been reported to them in Alidina, Jomvu.

Douglas Omondi, a private detective at Espiar Investigators, said lack of due diligence has led to loss of billions of shillings in land disputes.

He said in many cases people rush into deals without scrutinising the paperwork.

“People want shortcuts. Or it could be excitement about buying land. But if Kenyans just took their time off to ask themselves the right questions and seek help from professionals before conducting deals that seem too good to let pass, they would not be duped into paying millions of shillings in projects that usually end up in tears,” Omondi said.

At the Coast, where the land question has been a thorn in the residents flesh, one can easily verify whether a piece of land is good to be sold or has issues through due diligence.

“I feel for those who buy land only for them to later realise they are the third or fourth buyers of the same piece of land,” Omondi said.

He urged residents to invest more in due diligence, saying it may seem expensive but it is satisfactory in the long-run.

“Rather than one refusing to part with that extra Sh50,000 or Sh70,000 only to end up using more than that in legal battles in court or even end up losing hundreds of thousands used to buy the land,” Omondi said.

Kisauni deputy county commissioner Jamleck Mbuba acknowledged the cases are now rampant.

“There are many fraudsters some of whom sell land that is not theirs. Some sell air and others, as you said, sell one piece of land to multiple people,” Mbuba told the Star on the phone Wednesday.

He said as an administrator, his office has been advising residents to follow due process when acquiring or selling land.

“It is important for a buyer to do a search first before doing any other business to ascertain the ownership of the land and whether it has a caveat or not,” Mbuba said.

He said genuine lawyers should be involved in any transaction.

“But you find that one finds a seller and since the money involved is considerably low, which should be a red flag in the first place, one rushes to buy it without telling anyone. Later, when things go haywire, they now start crying to all offices possible,” the administrator said.

Mbuba said several sensitisation meetings with residents have been held, but still, the problem persists.

“We will be having another sensitisation meeting in Majaoni on Thursday. We have been holding land clinics in collaboration with officers from lands and settlements. We have been doing such to sensitise the people but many ignore these things,” Mbuba said.

He said several people have been arrested and prosecuted in connection with such cases.

“We will not allow people to defraud others of their hard-earned money,” he said.