The family of former Githunguri MP Arthur Magugu was on Thursday sent back by a Senate committee to bring crucial documents to prove ownership of part of Kiambu forestland.
This even as the family defended the ownership of 60 acres believed to be part of the forestland.
Margaret Magugu, the widow appeared before the Senate National Security, Defence and Foreign Relations Committee that is probing the alleged grabbing of the forest and the murder of environmentalist Joannah Stutchbury.
Stutchbury, 67, was shot six times outside her Kiambu home on July 15.
Her driveway had been blocked by branches and she got out of her car to clear them.
On Tuesday, DCI George Kinoti, whose officers are investigating the murder, said the environmentalist could have been killed by beneficiaries of illegal allocation of the forestland.
Margaret, 80, appeared before the panel alongside the manager of her Maig Ridge Estate Ltd company Abdul Bahannan to explain how they acquired the land.
Through Bahannan, Margaret said her late husband, who was both an MP and a minister in the late President Daniel Moi’s regime, was allocated the land by Moi in the 1990s.
The manager said Magugu had requested the President to allocate 22 hectares of the land to put up industries and houses.
“The purpose was to develop light industries and low-cost housing for workers and neighbourhood in Kiambu,” Bahannan told the committee chaired by Kisumu Senator Fred Outa.
The family said Moi instructed the Ministry of Lands, the Commissioner of Lands and the former Environment Minister Francis Lotodo to survey and degazette the part that had been requested by Magugu.
They submitted that after all the processes, Lotodo proceeded to degazette the land.
“It is no longer part of the forest. It was degazetted,” Bahannan told the committee.
He presented documents, including a copy of the title, to prove ownership of the parcel.
However, while perusing the documents, the committee established that they did not present allotment, a crucial document that anchors the authenticity of the title document.
The committee also established that the request to the late President by Magugu was for 22 hectares, not 25 hectares as indicated in the title presented before the committee.
“How come you asked for 22 hectares but you ended up with 25 hectares. This can be interpreted to mean that request was not granted,” Bungoma Senator Moses Wetangula said.
Bahannan said they had included the allotment letter in the bundle of documents as they thought the title deed was sufficient.
It also emerged that a company, Wibeso Investment Limited has also obtained a title for the same parcel.
“How come the same piece of land has two titles? The burden of proof is on your side,” Outa said.
Margret and her manager said the company fraudulently acquired the title. The company managers were not at the meeting to give their side of the story.
Outa ordered Margaret and her team to submit the document on December 1 or the committee proceeds to file its report.
The panel also invited the family of the late Limuru MP Kuria Kanyingi of Kama Agencies Limited to explain how they acquires 15 hectares (37 acres) of the forest land.
Last month, Environment CS Keriako Tobiko tabled before the committee the names of individuals and companies that were illegally and irregularly allocated the forest land.
Among the beneficiaries, the CS said, was Onesmus Kimani Ngunjiri, a director of Agropack Limited that was allocated 6.79ha (16.7 acres).
The CS said others are Bedan Mbugua Gikebe, Antony Muchiri Gikebe and Philomena Wangari Gikebe who were allocated 25ha (61.7 acres) through Wibeso Investments Limited. The three are listed as directors, owning one share each.
“A gazetted forest can only be reallocated if it is degazetted and the degazettement must also be approved by Parliament,” Tobiko had said.
Edited by Kiilu Damaris
