Ruaraka Land Theft - Part 1 - The History By Denis Itumbi

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Ruaraka Land Theft - Part 1 - The History

From the Known to the Unknown...

In 1981 Peter Kenyatta, a relative of the President, and others wanted to sell a certain piece of land in Nairobi.

They managed to sell the land on 30th December, 1981.

That Land today is known as Ruaraka Land - In official records it is Parcel L.R. No. 7879/4 (part) for Ruaraka High School and Drive-In Primary School.

On 6th September, 1982, The City Council of Nairobi through the Town Planning Committee granted Drive-In Estate Developers Ltd. an approval of subdivision of Land Parcel L.R. No. 7879/4 but there was a condition they had to pay for Sub-division.

On 18th November, 1983, the Commissioner of Lands issued Drive-In Estate Developers an official Receipt No. A758827 being requisite payment for subdivision fees amounting to Ksh. 21, 500.

Now pay close attention because what follows will help you understand how Government bought its own land for a whooping 1.5b of our tax money, in what can only be termed as outright theft.

FOUR days after the Commissioner of lands issued a receipt, he wrote a letter with TEN conditions to Drive In Estate Developers.  That was 22nd November 1983.

One of the conditions was the surrender of all Government Public Utility plots which included Ruaraka High School and Drive In Primary School.

On 5th April 1984, a few months later Drive-In Estate Developers wrote a letter to the Director City Planning purporting to cancel the sub-division.

No reply followed.

So on 4th July, 1984, three months later, Drive In Estate Developers, CONFIRMED acceptance of the surrender to the Government all public utility plots as set out in Condition No. 10 of the approval letter from the Commissioner of Lands dated 22nd November, 1983.

So, in 1983, The Ruaraka Land became Government of Kenya LAND.

On 12th July, 1984, the Commissioner of Lands issued a letter of reservation setting aside the site planned for a secondary school to the PS, Ministry of  Education, Science and Technology.

Ruaraka High School was established in in 1984 as a public school.

A portion of the Land Parcel L.R. No. 7879/4 was acquired by the National Government through the Office of the President for GSU officers’ houses; and KURA for expansion of Outer Ring Road.

Despite the fact that the land was already acquired by GSU and KURA, some crooks still insisted the land belonged to Afrison Export Import Ltd. and Huelands Ltd.

FAST -FORWARD

The GAME to CON Kenyans began on 29th August, 2016,

Afrison Export Import Ltd. and Huelands Ltd WRITES TO the National Lands Commission seeking compensation for the land which already belonged to Government.

That very same day, the National Lands Commission wrote to the CS Education, informing him that NLC had conducted an inspection to verify the claim and requested the Ministry to confirm the status and make arrangements to compensate Afrison Export Import Ltd. and Huelands Ltd.

Obviously, no due diligence was done within the same day.

The Grand Theft had started.

The crooks involved had done their research, but like they say, There is No Perfect Crime.....

HOW? Did they steal Shs. 1.5b?

Part TWO loading...

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File was long ready for prosecution of Matiangi but it will be ready.

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RUARAKA LAND THEFT - PART 2 - IGNORING WARNINGS THAT SAID - DO NOT BUY, IT IS PUBLIC LAND

When the  NLC letter landed on CS Matiangi’s desk…..

CS Matiangi, Immediately formed a team to investigate if there was such schools and if they were on private land.

The Ministry of Education Quality Assurance and Standards Investigative returned a comprehensive SEVEN Page report to the PS and copy to the Minister (See attached letter)

That was 3rd February 2017. Kenya was now gearing for an election and the budget was being read early and the crooks involved knew that fact.

The Nairobi Regional Coordinator of Education told Matiang'i in very clear language in the report

The CS and NLC “to facilitate for the processing of the title deeds of the said public schools to have the matter settles once and for all”

The CS and Chair NLC should hasten the processing of the school lands document to protect them from GRABBING or ENCROACHMENT.

“The Claimant has no basis for COMPENSATION of the land”

EVIDENCE THE LAND BELONGED TO GOVERNMENT

The Internal Committee clearly told Matiang'i  - DO NOT PAY COMPENSATION for RUARAKA LAND it is already Government land.

They told the CS the allotment letter for Ruaraka High  school was dated 28th June, 1999.

The land was already registered by Survey of Kenya as schools plot.

Matiang'i was also told by his own team at the ministry that, a valuation of the land done by Panorama Valuers in March 1998 had recognised the fact that Ruaraka Land had excluded

a) The part developed by Ruaraka Primary School

b) The part developed by Ruaraka High School

c) The part being developed by a Permanent Church

d) All open spaces, roads of access and proposed roads of access

The Committee also told Matiang'i that a surveyor, identified as Mr.Kamwere had on 11th August 199, confirmed that he had deed plans for the school awaiting instructions to release the deed plans to
enable the school process the school title.

THE QUALITY COMMITTEE HAD MORE EVIDENCE

The Allotment letter was owned by office of the PS Ministry of Education and was marked for public utility use.

There was no single document which indicated there was supposed to be any compensation by the National Government for the Public Utility plots

That was NOT the only Warning That CS Matiang'i got - There was another clear warning NOT to pay...

 Two brave Kenyans had moved to court Okiya Omtatah and Nyakina Gisebe, they got orders on 13th December, 2016.

The orders were clear, “ Do Not Pay any monies in respect to compensation”

But there was urgency to steal from the Kenyan Taxpayer, despite the overwhelming evidence  and warnings that what was about to be paid for
was actually already Government Land.

3rd February 2017, Mr. John Ololtuaa, the Nairobi Regional coordinator of Educations told his boss, CS Matiang’i DO NOT Pay.

But, on 17th March, 2017, the CS, Ministry of Education (Letter attached) wrote to NLC to commence the process of compulsory acquisition notwithstanding the recommendations contained in the Quality Assurance and Standards Assessment Report.

Super CS Matiang’i effectively told NLC - IGNORE Court orders and the report by my junior staff and ‘let us steal”

The process began in earnest fuelled by a letter by the CS - The law on section 107 of the Lands Act puts the responsibility of starting the process on the CS Education - on this matter involving schools.

Matiang’i even quotes that in his letter.

But he lied - a clear case of Abuse of Office - “As per provisions of Section 107 (1) of the Land Act, The Ministry of Education has determined (An Outright lie) that it is necessary to acquire all that piece of land on which the two respective institutions named above,
are situated. I therefore formally request The National Land Commission to commence the process leading to the acquisition of the Private Land” (Again another lie by this time he knew this was Public Land)

How the circumvented Court orders and how the 2017 campaigns provided perfect cover for the Billions to leave Government to private pockets and the Kickbacks and how much kickbacks were paid and who Pocketed what in the deal and How Mburu was played in the process……

Also EACC, the pressure, a file DPP rejected, how the CS name was finally penned into the criminal file, the High Court and the Media Spin that followed and why this theft is treated as a sacred cow.

The irony of an Interior CS in-charge of police to stop theft, but who evidence suggests that he was part of a taxpayers heist - The famous phrase that Ceasar’s wife should be beyond doubt applies.

Part 3 and the Final Part - Tomorrow.

#Msitishwe na #Msiogope