The Land Fraud Unit department at the Directorate of Criminal Investigations (DCI) has blew lid on network of shady land deals with fake title deeds all used as security to a defaulted bank loan amounting to sh65million.
In a detailed CID forensic report seen by People Daily, John Peter Kamau Ruhangi obtained the said money in 2011 from Paramount Bank Westland Branch. Ruhangi is an account holder no. 002040080 at Paramount Bank, Westlands branch.
After defaulting to pay, Paramount Bank unsuccessfully tried to auction the public property through Integra Auctioneering (K) Ltd upon default to repay the loan.
Interestingly, the bank did not detect the glaring discrepancies of a forged title of public land LR No27/326 even after conducting due diligence of the documentation presented of a public land as loan security.
“John Peter Kamau Ruhangi had caused the irregular transfer of the property to himself using the questioned deed of conveyance dated July 8, 2011.” The report reads in part.
Ruhangi is also accused of faking Kenya Revenue Authority Stamp Duty Declaration, assessment and pay-in-slip serial number 1095615.
According to the probe report, the bank did not report the matter, rather, an individual claimant of the same public land, George Jonathan Maara reported the matter to CID in 2013 saying Ruhangi forged his signature and that of his counterpart David Mburu Githere to acquire the loan.
Investigations revealed that the trio, Ruhangi, Maara and Githere claimed joint ownership of the said land which is a public utility parcel.
According to CID report, Ruhangi further faked an affidavit purportedly from a lawyer to facilitate the transaction. According to the forensic report, the land in question belongs to Nairobi City County and was leased out to Wanderjoy Party World Limited in 2008 for a 25 years lease.
The forensic report further reveals evident conspiracies and dubious land deals acquired with improper documents and through encroachment of road reserve along Kiambu Road.
Ruhangi admitted that the parcel is a public utility but Maara discounted the claim claiming he is the rightful owner and he has a title.
At one point, Ruhangi through a letter in possession of investigators purportedly transferred the said land to himself and at the same time claimed to have surrendered it for construction of public primary school. The forged deed plan bore his name.
According to documents obtained, Wanderjoy was awarded a Temporary Occupation License (TOL) of the two acres of land block 27/326 by the defunct Nairobi City County in 2011 for a leasehold of 25 years. Through a resolution by General Purpose Committee meeting held on April 14, 2011 by the defunct Nairobi City Council, Wanderjoy was issued with a lease on LR No. 27/326.
The committee was chaired by the then chairman Simba Arati, currently Dagoretti North Member of Parliament.
Wanderjoy rehabilitated the said land from being a swamp in a period of four years. “In view of the fact that you have been occupying the above space for the last 4 years; having rehabilitated it by way of draining the swamp and marsh, evacuating and cutting away of black cotton soils, backfilling in porous hardcore stones and red volcaning soils, landscaping and planting exotic trees, flowering plants and shrubs; your request has been granted.”
A regularisation of occupation correspondence dated September 7, 2011 by City hall Chief Valuer to Wanderjoy read in part. However, the lease had a four point conditions indicating that the lease of 25 years takes effect from January 1, 2008; the garden to be used for recreational purposes, wedding, and conferences.
He was also required to pay sh38000 annual rent paid consistently since 2008 according to records and to only construct car sheds for the purposes of shielding vehicles from harsh weather conditions using only approvable materials.
Wanderjoy proprietor Maina Wandere owns adjacent two and a half acres where his damaged installation partially occupies. The land in question is not developed and is only used as a parking lot. Last year, Ruhangi and and Maara were charged before Milimani law courts over malicious damage of property belonging to Wanderjoy.
According to CCTV footage being reviewed by CID sleuths, the demolition targeted the wall and liquified gas installation which security agents fear the commotion could have triggered an explosion that could potentially have devastating effect.
Maara has also been charged on another count of misuse of firearm. During the incident, Maara is accused of having threatened to shoot two security guards; Rimon Lientekei and Richard Mutisya, a rtd military captain who were guarding the premises using a Ceska Pistol, Serial number BO64351 contrary section 34(1) of the Firearms Act 2002. Maara is a licensed gun holder number 7753.