The Land Fraud Unit of the Directorate of Criminal Investigations is on the spot over claims of its detectives working in cahoots with land fraudsters.
Inspector-General of Police Hillary Mutyambai is in receipt of a written complaint against an officer attached to the unit over a case of fraudulent acquisition of land worth Sh150 million in Nairobi.
In the letter seen by Business Hub, Businessman Francis Njeru said the detective has on several occasions tried to remove the case of two accused persons, Ahmed Rashid Jibril and Jibril Mohammed.
The City businessman together with his wife Farrah Ali Mohamed have already been charged in court for fraudulent acquisition of the land off Mombasa Road.
They are accused of allegedly grabbing the property from Njeru and leasing it to China Road and Bridge Corporation (CRBC) which uses it as a warehouse.
High Court had ordered investigations into the alleged land fraud after Jibril and his wife was charged with conspiracy to defraud, making a false title document, obtaining the land’s registration by false pretense.
An attempt by the Directorate of Public Prosecution (DPP) to terminate the case to pave way for more investigations failed in March when the court dismissed the application.
Milimani Court Senior Resident Magistrate Roseline Aganyo ruled that the criminal case against Jibril and Mohammed was of great public interest.
She said land disputes are emotive and the court cannot allow DPP to end the case when the complainant has not agreed to the application to free the accused persons.
Records from the Lands Registrar submitted in court revealed that the parcel in dispute under Certificate of Title Number IR 176998 was first issued to Eliud Simon on 13/7/2016 and subsequently transferred to the Njeru on 12/4/2017.
But a letter dated November 5, 2013, from the Director of Survey to the DCI indicated that Deed Plan number 238416 claimed by the three suspects did not originate from Directorate of Survey.
In his ruling on the matter in February 2019, Environment and Land Court Judge Bernard Eboso noted that were wide inconsistencies in the documents submitted by the suspects.
“The purported title documents exhibited by the applicant are forgeries which had been interrogated by the Lands Departments and the Directorate of Criminal Investigations and had been found to be pure forgeries,” he said.
Investigations had found that Land Reference Number 20273 purportedly compromised in Grant Number IR 63990 does not exist in the lands records.
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