Nipate
Forum => Kenya Discussion => Topic started by: Georgesoros on October 14, 2014, 05:42:16 PM
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I doubt whether they will be found guilty, just like the police who murdered 100s in Kisumu and Rift Valley. Their bosses should be charged too for failure to supervise.
http://the-star.co.ke/news/article-193817/kwale-cid-chief-charged-kwekwe-murder
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I doubt whether they will be found guilty, just like the police who murdered 100s in Kisumu and Rift Valley. Their bosses should be charged too for failure to supervise.
http://the-star.co.ke/news/article-193817/kwale-cid-chief-charged-kwekwe-murder
It will be like the Kirui case
The prosecution and police (same guys) will collude to totally deny the judge any solid evidence to convict
its a procedure that has been perfected here, even Ruto successfully used it in his pipeline land theft case
The reason they have been charged is because there was too much publicity about the killing of the kwekwe girl
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The saddest fact is people who have sued and won are still waiting for compensation after 10yrs.
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The worse part is teacher pension who sued and won i think 10b or more .. but gov has with impunity disobeyed court orders. I think court led by mutunga need to really ensure court orders are enforced before they dish out more. Look at karen land thing..court orders flouted left right and center.
The saddest fact is people who have sued and won are still waiting for compensation after 10yrs.
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If you disagree with courts, try anarchy.
The court needs to also raise its stake to ensure its orders are followed. They can fine the perpetrators for every day the order is not obeyed until compliance. When mpigs want money they get it, but teachers....and the wronged.. they an wait. Kenya govt owes billions in court judgements.
Haven't been following the Karen thing,
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If you disagree with courts, try anarchy.
The court needs to also raise its stake to ensure its orders are followed. They can fine the perpetrators for every day the order is not obeyed until compliance. When mpigs want money they get it, but teachers....and the wronged.. they an wait. Kenya govt owes billions in court judgements.
Haven't been following the Karen thing,
That may not be possible
Kenya is NOT a country governed by the rule of law
Those disregarding court orders are above the law.....so which law is to be used to force them ?
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If you go by history, courts have to make themselves heard. They cant just sit and hope the law is followed. I dont know of a country in the world where courts have have just sat and waited. They cab threaten to stop the court process unless law is followed. Am sure few will go for that..
If you disagree with courts, try anarchy.
The court needs to also raise its stake to ensure its orders are followed. They can fine the perpetrators for every day the order is not obeyed until compliance. When mpigs want money they get it, but teachers....and the wronged.. they an wait. Kenya govt owes billions in court judgements.
Haven't been following the Karen thing,
That may not be possible
Kenya is NOT a country governed by the rule of law
Those disregarding court orders are above the law.....so which law is to be used to force them ?
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If you go by history, courts have to make themselves heard. They cant just sit and hope the law is followed. I dont know of a country in the world where courts have have just sat and waited. They cab threaten to stop the court process unless law is followed. Am sure few will go for that..
In most cases, the judges making the orders are just as corrupt as those disregarding them
only God can help us
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I forgot about that.
Indeed we are nowhere near a semi-perfect even after 50yrs.
IDPs all over, children still learning under tree shades, mega-million mansions for a few, superhighways used as flea market sites, police shooting suspects after arrest, Children being murdered by police, etc
Hong Kong today - police caught beating a suspect were instantly purnished - Even in USA they dont do that!!!
If you go by history, courts have to make themselves heard. They cant just sit and hope the law is followed. I dont know of a country in the world where courts have have just sat and waited. They cab threaten to stop the court process unless law is followed. Am sure few will go for that..
In most cases, the judges making the orders are just as corrupt as those disregarding them
only God can help us
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Now I see what you were tallking about. Does anyone enforce the law? Who sends police to commit crimes? How come akina the so called Raila hasnt said anything about this? Its breaking the law full speed.
This is why Ngilu had gone to the land office - to hide the spoils and change a few things.
Forty MPs benefit from Sh8bn land in Nairobi
At least 40 Members of Parliament are among top Jubilee government officials and politicians believed to have benefited from a Sh8 billion property in the Karen suburb of Nairobi in what may turn out to be one of the boldest cases of land grabbing in recent history.
The MPs have benefited from the disputed property alongside government officials and brokers in what is seen as a scheme to buy their silence and gone ahead to prepare basic infrastructure in flagrant disregard of a High Court order stopping development on the land.
A spot-check by the Sunday Nation on Saturday found several tractors and earthmovers paving roads and preparing building foundations in what appeared to be a desperate race against time by developers, many of who had driven to the property in gleaming high-end vehicles.
At the centre of the dispute is city businessman Horatius Da Gama Rose and former National Social Security Fund (NSSF) Managing Trustee Jos Konzolo, the owner of a company called Telesource, which claims ownership of the 134-acre land.
In an apparent case of mega corruption and impunity, some of the companies involved in the land are said to have owned it long before they came into existence, which is a legal impossibility.
Some of the owners of the companies claiming the land were in school when the city businessman was buying the property in 1982.
Government officials involved in the scheme are exercising raw power in defiance of a court order and were demarcating the land on Saturday despite a court order on the matter that is expected to be heard in the High Court on Monday.
Court documents seen by the Sunday Nation show that the prime land has been sub-divided by Telesource into 189 plots.
We established that the parcels have been taken over by a number of highly-placed government officials and MPs while others were sold.
The officials include top security officers, hence the overwhelming presence of policemen at the site.
Mr Da Gama Rose’s company, Muchanga Investments Limited, has sued Telesource, Habenga Holdings, Jina Enterprises Ltd, Director of Survey, Director of Physical Planning, Ministry of Land, Registrar of Titles and Chief Land Registrar in the dispute.
The dispute has sucked in the National Land Commission (NLC) which, in a letter dated May 10, 2013, confirmed that the land belongs to Mr Da Gama Rose.
“I wish to confirm the surrenders in respect of titles IT 74050 and 74051 have been registered. According to our register, LR NO 3586/3 has reverted to its original status. You may confirm the cancellation of the deed plans with the Director of Surveys,” states Mr Peter Kahuho, who signed the letter on behalf of NLC chairman, Dr Mohammed Swazuri.
HOLDING MERE PAPER
It may well turn out that those who have benefited from the allocation or purchase of the property may be holding mere paper should the court uphold the position taken by the Commission.
Justice Nyambura Gacheru barred the parties from interfering with the land until the matter is heard and determined.
The temporary orders barring activity on the parcel were extended to Monday, October 13.
On Saturday, Mr Da Gama Rose complained that the government was condoning grabbing of private property.
“It is outrageous that the rule of law has broken down completely and people can just walk into private property and declare ownership. It is not a personal matter; if it can happen to me, it can happen to anyone,” said Mr Da Gama Rose from the UK where he is receiving medical attention.
The 70-year-old businessman’s lawyer, Mr Cecil Miller, said the rule of law had been disregarded.
“The rule of law must be upheld. The court order barring any development of the land must be observed. Activities have continued on the land despite a court order,” said Mr Miller.
In a scene reminiscent of the Zimbabwe takeover of farms belonging to white farmers, the Sunday Nation witnessed people representing the MPs and top officials jostling to demarcate their portions.
Owners of earthmovers and lorries did brisk business having moved their machines to the site for hire.
Construction of access roads was going on as some of the beneficiaries brought in sand, ready to start construction.
SHARE SPOILS
According to a Lands official familiar with the land, Jubilee bigwigs have come together to share spoils, protect each other, and using State organs to preserve the takeover, disregarding a court order.
They hope or expect the court to rule that the status quo on the land be maintained, in which case they would inadvertently have been granted legal stay as they tighten their grip on the property.
Initially, Muchanga Holdings hired police officers to guard the land but the officers were withdrawn by their bosses in unclear circumstances.
The MPs who have benefited from the land have been roped into the project to buy their silence.
The same favour was extended to senior security officials to enmesh them in the scheme and sidetrack them from performing their task.
The Sunday Nation learnt that a top Jubilee official received 10 acres, while a Cabinet secretary got six acres, a governor five acres while the 40 MPs involved in the scheme received between half-an-acre and two acres each.
An acre of land in the area currently sells at Sh50 million.
The heightened movement on the land started last weekend and accelerated on Wednesday when two MPs and a top Jubilee government official are said to have visited the site.
On Saturday, the Sunday Nation obtained pictures showing that excavation continued undeterred.
In a protest letter dated October 9, 2014, and addressed to Land and Housing Cabinet Secretary Charity Ngilu, Muchanga Investments lawyer, Mr Miller, said the illegal invasion of the land was being supervised by ministry officials.
“On October 4, 2014, persons unknown to our client who were accompanied by officers from the regular and administration police and officials from your ministry… turned up at the client’s property claiming ownership of the same,” says Mr Miller.
FLAGRANT DISREGARD
He said that the said people moved earthmovers to the land where they are constructing roads.
“The illegal invasion of our client’s property together with the sub-division of the same and all other activities carried out are in flagrant disregard of a court order issued by the High Court on September 3, 2014, which expressly restrains anybody from entering, selling, disposing of or in any way dealing with our client’s property,” states the letter.
Mrs Ngilu did not respond to our inquiries despite phone calls and SMS messages.
On Saturday, we learnt that police officers were investigating Mr Da Gama Rose over claims that at one time he was involved with land belonging to the first Nairobi Provincial Commissioner Godhard John Mburu.
According to police, they want to ascertain how the land changed hands to Mr Da Gama Rose.
But impeccable sources in the Lands ministry say that Mr Mburu owned the land adjacent to Mr Da Gama Rose’s, which he sold to a retired politician.
“The reality is that the late Mburu sold his land to a prominent politician who used to neighbour Da Gama Rose. The late Mburu’s land is different from the 134 acres in question,” said the source, who cannot be named for fear of reprisals.
The worse part is teacher pension who sued and won i think 10b or more .. but gov has with impunity disobeyed court orders. I think court led by mutunga need to really ensure court orders are enforced before they dish out more. Look at karen land thing..court orders flouted left right and center.
The saddest fact is people who have sued and won are still waiting for compensation after 10yrs.