Post by jane on Jun 27, 2011 14:02:15 GMT 3
Land disputes in Malindi are common. As there are many squatters, especially in the Coast, a scheme that was established by Government more than 40 years ago meant for squatters but foreigners and prominent politicians own most of the land. The land under which Raila attended court was one such piece of land. There are equally disputes over other plots at Chembe Kibabamche ( area where the Raila disputed land is situated ) and other areas along the Malindi Coast line.
The original owner was ex- mayor of Malindi, who then, it seism, sold it to Kang’o, a company owned by Raila. But did he have a ‘good’ title to the land before the sale?
Raila bought the piece of land in 1999, from former Malindi Mayor Kazungu Diwani. Mr Diwani and four others have since been charged in a Kilifi court last year for forging a title deed and for fraudulently using the address of Kang’o to illegally acquire the land in question. He pleaded guilty and was fined Sh700,000. It was alleged in court that Mr Diwani was in business with Raila and was a director of Kang’o Company with Raila and his wife.
After the convictions, it transpired that Mr Diwani did not therefore have ‘good’ title to the land he sold Raila. in other words, he, Diwani had no ownership of the land he sold Kang'o and Raila.
Now, the court case in Malindi is against Raila brought by two claimants.
1. a foreigner who claims Mr Diwani sold him the land, as a Director of Kang’o, and that the ownership therefore passed to him from Kang’o, and from Mr Diwani. He claimed to have bought the 12-acre land at a cost of Sh13.4 million from Raila’s company.
2. a squatter who claims he originally owned the land under the govt scheme, and that Mr Diwani fraudulently took the title from him and passed it over to Kang’o. The squatter claimed Raila and the investor did not do a search at the Land ministry, and if they did they would find out that the land’s title deed had his name on it.
Raila who kept the court waiting for the better part of the day appeared before Malindi High Court Lady Justice Helen Omondi. His witness was Jonson Otieno Odero, an officer from Registrar of Companies who testified said Raila and his wife were the only directors of Kang’o Enterprises Limited.
The following questions come to mind,
1. At the land registry, who is named as the owner of the land? If certainly not Kang’o, because they did not produce a title deed nor bring forth the land commissioner to attest Kang’o ownership?
2. By the criminal conviction, Mr Diwani forteits any rights on the land. Does that mean the owneship now resides with the original owner - the squatter? And Kang'o and Raila actually bought 'stolen' property?
3. Why was Raila allowed to keep the court waiting for the better part of the day? Is the court biased towards Raila? How will that effect its judgment?
4. Why did the court allow a lower officer from companies house to testify about company registration when the director of companies house is the one with the final authority on the register of companies? Is the law bend to favour Kang’o?
5. Where was Kang’o and Raila, when the squatter placed ‘restriction’ on the usage of the land, and when the foreigner erected building on the land? Why did he not place ‘restrictions’ himself?
