Officials named in a Sh2.7 billion Kenya Railway land sale have come out to dispute claims of fraud in the deal.
A faction of the Dupoto Dafur Settlement Welfare Society said the claims are misleading and maligning.
They said they will respond decisively to the claims.
“Issues relating to land acquisition are handled between the acquiring entity and property owner(s)/ trustees.”
“The State Department for Lands and Physical Planning is only invited when processing the transaction and registering the interests upon panties agreeing and transaction closed,” the group said in a statement.
They added the State Department of Lands and Physical Planning does not receive or handle any monies for compensating owners of land taken over.”
“Further, PS Korir has no role in appointing lawyers for private parties, a fact Mr Letangule knows very well.
The claim against Korir is blackmail.
I am made to know that Mr Letangule has been pushing the trustees of Dupoto to pay him Sh350 million for a transaction he did not undertake.”
The group added lawyer Thomas Letangule was not on record for the transaction and therefore not entitled to the transaction fees.
Letangule is among those making the fraud claims on the land.
“He has been trying to blackmail the PS which has failed and has now resorted to using media and his proxy lawfirms since he (Letangule ) has been restrained by court from propagating innuendoes and defamatory statements against PS Korir.”
“He is now hiding behind people who are not members of Dupoto and other lawyers to pursue his selfish blackmailing,” the statement said in part.
“It is also in public domain how the same Mr Letangule handled the Telcom pensioners fund , a matter that is still live and under investigation.”
The statement said peddling falsehood against public officials does not only hurt the targeted individuals but it also damages the trust the public has in institutions.
There was no immediate comment from Letangule.
He has made claims on the land in question and petitioned various government agencies to investigate its sale.
The faction which is behind the sale dismissed claims by another group alleging misappropriation of money meant for compensation of their land.
This follows an earlier claim by another group that called for investigations into several individuals over the alleged misappropriation of Sh2.7 billion meant for their compensation following the acquisition of their land in Embakasi South.
Another faction called Dupoto Dafur Settlement Welfare Society wrote to various government agencies to dispute earlier claims by their colleagues in the scheme.
Three officials said in the letter dated March 13 they represent many other members of the scheme.
They claimed the firm of Letangule & Co Advocates has no instructions from their scheme or any of their registered members to act for them and/or write any letter on their behalf.
“That none of our registered members were at any time illegally and/or forcefully evicted
from our land in Embakasi as alleged in the aforesaid letter.
That our settlement scheme voluntarily and lawfully sold its land to the Kenya Railway Corporation with the full consent and knowledge of all the registered members on a willing buyer and willing seller basis.”
“That our registered members moved out of the land willingly and without any coercion, threats, or force and therefore were not illegally or forcefully evicted as alleged.
That no public funds or any funds meant for our scheme or its registered members were lost, embezzled or misappropriated and we have no claim against the Kenya Railway
Corporation,” the letter said in part.
They added all the allegations made in the aforesaid letter are therefore malicious, baseless, unfounded and mere fabrications.
“That we the officials and our registered members are willing and ready to give further information or clarify any issue any time if called upon.”
The letter was signed by Likam ole Kiambu (chairman), John Karu (secretary) and Victor Ochieng (treasurer).
The letter was received by Director of Public Prosecutions, Ethics and Anti Corruption Commission and Director of Criminal Investigations.
The other group through their lawyer Thomas Letangule claimed they were forcefully evicted from land they had occupied for over 30 years without proper compensation.
They marched to various offices, including the DCI where they submitted a petition seeking investigations into the alleged misuse of funds.
The members are demanding accountability from Lands Principal Secretary Nixon Korir, whom they accuse of being the chief architect and controller of the project.
“Upon the release of the funds through his proxy lawyers, he negotiated his cut and siphoned over Sh300 million.
He also convinced our clients to withdraw the case,” the petition reads.
They further claim that PS Korir appointed Johnson and Partners LLP Advocates to receive the compensation funds instead of Letangule and Company Advocates, facilitating the embezzlement of the money.
But Kiambu said Letangule was dropped as the case progressed and only reappeared when the compensation was being made.
“He demanded more money as compensation which the members disagreed because it was exorbitant.
That is why he is taking the uncalled for steps now,” he argued.
According to the petition, all key documents, including lease and offer letters, were signed in Korir’s office, and he is accused of signing fake agreements.
“He was involved in the signing of a fraudulent sale agreement to justify fake transactions, enabling officials to transfer money to himself,” the letter states.
Additionally, the members want Kenya Railways Corporation (KRC) investigated for allegedly facilitating corruption and misuse of public funds by knowingly disbursing the money to other lawyers instead of their legal representative.
In 2024, the members filed a case in the Environment and Lands Court seeking to stop KRC and the National Land Commission (NLC) from making any payments related to the compulsory acquisition of their land.
They argued that despite relocating with the promise of receiving their compensation, they had not been paid the remaining amount.
However, they later withdrew the case.
They argue that despite agreeing to withdraw their case, the government has failed to honor its promise.
“Since then, we have not received any money. We have waited for over a year with no solution. I have petitioned all relevant government offices, but nothing has been done,” said Letangule.
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