An Investigation report on the alleged irregular transfer of two plots (Thika Municipality/BLOCK XI/877 and Thika Municipality/BLOCK XI/878)

Abstract

The Commission carried out an investigation into alleged irregular transfer of ownership of two plots situated in Thika Town namely Thika Municipality/Block XI/877 and Thika Municipality/Block XI/878 registered under Mrs. Cecilia Njoki Mbugua (a widow) to Ms. Esther Wamuyu Nyatu. The investigation was prompted by a complaint received by the Commission alleging that some officials from the County Government of Kiambu colluded to irregularly transfer ownership of the said plots. Pursuant to its mandate under section 8 of CAJ Act, 2011, the Commission carried out the investigation to ascertain the veracity of the aforementioned allegations. The investigation sought to establish how the transfer of the two plots in question were transferred. It also sought to establish if county land officials abused their powers during the transfer of the properties. The Principal Secretary, Ministry of Lands and Physical Planning was notified of the Commission’s decision to undertake the investigation. A team of investigators visited Kiambu and Thika Land Offices to interview identified land officials and recover documents relevant to the matter under investigation. His Excellency the Governor of Kiambu was also interviewed. The investigation revealed that the two plots measuring 0.135 Hectares leased to Mrs. Cecilia Mbugua for 99 years with effect from the 1st day of July 2011 were irregularly transferred to Ms. Esther Wamuyu Nyatu on 2nd January 2018 on purported consideration of sale. However, neither sale agreement nor bank slip in respect to the purported transaction was availed. According to land officials interviewed, Ms. Esther Nyatu’s details including copies of ID, KRA PIN and Passport Photograph were given to them by His Excellency, Ferdinand Waititu, the Governor Kiambu County and that the transfer of the properties to her name was directed by the Governor. They also stated that the Governor financially facilitated the transfer of the said properties. The Governor confirmed that he knew Ms. Esther Nyatu and that he facilitated the transfer of the properties to her. He further admitted having requested Mrs. First Draft Mbugua to surrender the two plots before he could facilitate approval of the development plan for the remaining three plots. The Governor agreed to surrender back the two plots to Mrs. Mbugua upon realising the irregularity in the transfer of the plots. Upon confirming the veracity of the allegations, the Thika Land Registrar issued a 30 days’ notice to all the interested parties in line with the provisions of the Land Registration Act, 2012. Upon expiry of the notice period and without any objection, the Registrar went ahead to effect the change of ownership of the plots back to the rightful owner, Mrs. Cecilia Mbugua. In light of the foregoing, the Commission recommends the Office of the Director of Public Prosecution to institute prosecution against Ferdinand Waititu, the Governor Kiambu County for abuse of power and fraud. Further CAJ directs the County Government of Kiambu to expedite the long overdue approval of the development plans to enable Mrs. Mbugua embark on the development of the plots. Further, Land Registrars are called upon to exercise due diligence while conducting land transfers including inviting all interested parties for consent.