Two senior lands officials were Wednesday dramatically charged with fraud in a Sh4 billion land deal in Kwale County.
The two included deputy Director land administration at the Ministry of Lands headquarters Ardhi House Jacob Salesio Kaburu and a land agent Franklin Kamau Kamathi.
They were produced in a Kwale Court and pleaded not guilty to up to 16 charges. This was after an attempt to thwart the plea taking was thwarted.
Officials said the prosecutors were shocked to find the court not in session after arresting the two and driving with them from Nairobi to Kwale in a distance of more than 400 kilometers.
Kaburu faced two charges while Kamathi faced 15 in total.
The court granted Kaburu a Sh4.5 million bond while Kamathi was given Sh5 million bond with a surety for each and the mention for the case was set for November 9.
Kaburu and Kamathi were in the first count jointly charged.
“On unknown date and place within the republic of Kenya, jointly with others not before Court with intent to defraud the County Government of Kwale of a parcel of land LR.NO.14211 measuring about 63,030.0 hectares located in Kwale County valued at Sh4 billion conspired by forging a notification of approval PPA2 dated 1 January 2022 for LR. 14211 purporting it to be a genuine notification of approval PPA2 issued by the County Government of Kwale, a fact you knew to be false.”
Kaburu was also charged with abuse of office contrary to section 101(2) of the Penal Code.
“On 20th day of December, 2022, at Ardhi House Nairobi within the Republic of Kenya, being a person employed in the public service as the deputy Director land administration and for the purporse of gain, arbitrarily directed Charity W Mutani, a principal records officer at Ardhi House to open a temporary cover (TC) file No.9579 for extension lease in abuse of the authority of your office,” read part of the charge sheet.
Read: Top lands officer, agent arrested in probe into lease of Lunga Lunga Ranching in Kwale County
Kamathi faced charges of making a document without authority and forgery.
The land in question is part of Lunga Lunga Ranching which is said to have deposits of rare minerals.
The two were picked up from Ardhi House in Nairobi on Tuesday and driven to Kwale ahead of the arraignment.
Investigations have shown the lease to Lunga Lunga Ranching Limited expired on expired March 1, 2022 following elapse of the 45-year lease period.
Then the officials of the company sought the services of a lands agent to help them at the National Land Commission.
The agent was to receive a commission for the transaction.
NLC and Kwale County Government had in 2019 already objected to renewal or extension of the lease on grounds that the Company had violated conditions of the allocation.
This included allowing invasion by all kinds of entities.
But police say the agent managed to forge numerous critical lands documents including he County of Kwale letterhead that read “Department of Lands, Energy, Housing, Physical Planning and Urban Development” against the authentic header that reads “Department of Environment, Land and Natural Resources Management”.
Police say the County of Kwale reference number where the forgery read CG/KWL/VOL.IV/22 dated January 11, 2022 yet the official references are issued as per the departments that issues the approvals and the purpose of the application captured in the reference.
“The purported application number C54/74 did not originate from Kwale lands offices.”
“The purported stamp impression on the forgeries read “Physical Planning and Housing Department County Government of Kwale” against the authentic stamp that reads “County Government of Kwale, County Physical Planner”,” says a police probe.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
