MPs are investigating how 34 acres belonging to Lang’ata
Women Prison ended up in private hands.
The National Assembly’s Committee on Implementation wants to
establish how the ownership transfer was executed, amid claims of irregular
allocations involving politically connected individuals.
Documents tabled before the committee showed that the 34
acres were grabbed and later sold to unsuspecting third parties who have
already put up residential houses.
The development emerged during a session between MPs and DCI
on the Parliament recommendations relating to the procedure of exercising and
allocating land from the Ngong Forest to private individuals.
DCI was represented by George Kisaka during a session with
the committee chaired by Budalangi MP Raphael Wanjala.
Parliament in its report had instructed DCI to investigate
the excision with a view to prosecuting any person found culpable where a
criminal offense is established.
According to the Parliament report, officers from the
Commissioner of land, Chief Conservator of Forests and Commissioner of Prisons
were among the beneficiaries of the questionable transfer.
This is despite the fact that the land is still part of the
Ngong Forest as it is yet to be degazzeteted despite the Chief Conservator of
lands who served between 1985 and 1993 approving the excision in favour of the
prison.
“The land in question was not de-gazetted in accordance with
Section 4 of the repealed Forest Ac, Cap 385 of 1942,” police documents
indicate.
According to DCI report tabled before the committee, the 34
acres were fraudulently allocated to three allotees who later sold it to
‘innocent’ third parties.
The three were Arladyks Investments Limit, Prilscot Company
Limited and Onesmus Kimani Ngunjiri.
They subsequently sub-divided, sold and transferred to third
parties, a number of whom have since put up properties.
“The 34 acres were originally meant for the expansion of
Nairobi Prison (Lang’ata Women Prison). However, the prison department never
benefited from the allocation.”
“The parcel in question is currently fully developed by
third parties who may have innocently acquired the properties.”
The DCI told the MPs that their inquiry has been affected by
lack of records at the Lands ministry regarding the 34-acre excision.
The investigators also cited difficulty in tracing former
government officials— Chief Conservators of Forests, Commissioners of land and
Commissioners of Prison—who served between 1985 and 1998.
Committee chairperson said the matter touches on public
assets meant for correctional services and vowed that no cover-up would be
allowed.
According to the DCI documents, the allocation to Arladyks
Investments Limited was transferred to Jackim Limited on February 3, 1994, and
later transferred to Kenya Medical Association Housing Cooperative Society in
1998.
To date, the society occupies this parcel, having subdivided
it into 113 plots and constructed residential units.
The Prilscot Company Limited plot was changed from open
residential to private dwelling on September 12, 1994, and later transferred to
Gravity Exporters Limited on November 17, 1994.
The land was then transferred to Assumption Sisters of
Nairobi Registered Trustees on March 5, 1999.
Kimani Ngunjiri portion allocated on July 8, 1993, was later
subdivided into 11 sub-plots including Shalom Court estates which transferred
the said pieces of land to a number of people including Lang’ata Gardens
Estate, Lang’ata view Estate and St Mary’s Educational Center hospital.
INSTANT ANALYSIS
Committee on Implementation is charged with the
responsibility of scrutinising the resolutions of the House (including adopted
committee reports), petitions and the undertakings given by the National
Executive and examine whether or not such decisions and undertakings have been
implemented and where implemented, the extent to which they have been
implemented; and whether such implementation has taken place within the minimum
time necessary.
