An Investigation report on alleged irregular registration of parcel of land number 341, Nkararo adjudication section, Transmara West sub-county

Abstract

The Commission carried out an investigation into alleged irregular registration of parcel number 341, Nkararo Adjudication Section, Transmara West Sub County in the name of Simion Masake instead of the complainant, Hellen Moraa Nyangwara who has occupied the land for more than thirty years and has undertaken several developments on it. The Directors, Adjudication and Settlement Department, Survey of Kenya and Chief Land Registrar were notified of the Commission’s decision to undertake the investigation. Thereafter, a team of investigators visited Kilgoris and the Ministry of Lands Headquarters in Nairobi to conduct interviews and recover relevant documents. The investigation established that the registration of the parcel of land in favor of Simion Masake was done irregularly given that the adjudication record relied upon during the registration was found to be fake. It was prepared in disregard of the primary document (Demarcation Book/Rough book) and no entry was made on the book to explain the change; Its serial number and color don’t tally with other adjudication records in that cluster and no explanation was either noted down or given to CAJ investigators for the mismatch. The purported signature of the Adjudication Committee chairperson was confirmed to be fake by the purported signatory. The person (current registered owner) in whose favor the record was made never signed it. T he Commission, therefore, recommends rectification of the irregularity in line with Section 79(2) of the Land Registration Act, 2012, and revert the ownership of the land to Hellen Moraa Nyangwara.