Makewa Judgement

Full Judgement

in Makewa trial


Verbatim:

Police lead Makewa(in glasses) to the cells after he was jailed for seven years for attempted murder

The Anchor: How police nailed Makewa

The Anchor: How police nailed Makewa: How police  nailed Makewa Prosecutor Jonathan Kyumbu By Martin Masai POLICE earned incredible accolades in Tawa Court as th...

How police nailed Makewa

How police nailed Makewa

Prosecutor Jonathan Kyumbu

By Martin Masai

POLICE earned incredible accolades in Tawa Court as the trial magistrate sentenced fabled suspend catholic priest John Makewa to seven years in Jail. Senior Resident Magistrate Waititu Gichimu said he was satisfied that police officers investigating the attempted murder charge did a superb job by piecing together evidence to prove that it is Fr Makewa who shot Fr Fidelis Nzuki on the night of March 21 2010 with the intention of killing him.

Father Makewa Jailed

Fr.Makewa Jailed

By Martin Masai

Senior Resident Magistrate Mr Waititu

SUSPENDED Fr John Wambua Makewa was today jailed for seven years for attempting to murder a fellow priest.

Tawa Senior Resident Magistrate Mr Gichimu Waititu convicted Fr Makewa in a judgement that may well end the priest's chequered career in the Roman Catholic Church.

D Day for Fr Makewa

Judgement Day for Priest

SUSPENDED Catholic Priest John Wambua Makewa will know his fate on June 18. He could face life imprisonment if convicted of the attempted murder charge.

From Malili to Konza: Lest you forget

The Anchor, January 2010

Main Story

Fresh theft in Malili
as leaders go silent

By Martin Masai

EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.

The Anchor: Special Post.: Fr Makewa has case to answer

The Anchor: Special Post.: Fr Makewa has case to answer

The Anchor: Special Post.: Fr Makewa has case to answer

The Anchor: Special Post.: Fr Makewa has case to answer: By Martin Masai SUSPENDED Fr John Wambua Makewa was today put on his defence after Tawa Senior Resident Magistrate found that he had had a ...

Special Post.: Fr Makewa has case to answer

By Martin Masai

SUSPENDED Fr John Wambua Makewa was today put on his defence after Tawa Senior Resident Magistrate found that he had had a case to answer over an attempt to murder his colleague and friend Fr Fidellis  Nzuki.

New Date for Makewa: The Anchor Special Post March 2012

Date set for 
Makewa ruling


Fr. John Wambua Makewa will know his fate on April 11,2012
Tawa Senior Resident Magistrate Mr Waititu Kibicho made the ruling today as Fr Makewa's case came before him for the first time after a trip from Makueni Law Courts to Machakos after the trial magistrate Joseph Karanja dramatically bolted out of the case amid claims of bribery.
The decision to take the matter before Mr Kibicho was made by Machakos Deputy Registrar of the High Court Ms G Omange on March 12, some seven days before the day she had initially set to decide over the matter.
Omange had set March 19 as the day she would rule who would handle the matter but is said to have changed her mind after counsel for Fr Makewa- Mr Mwagambo appeared before her and asked for an earlier date, saying his client wanted the matter dispensed with speedily.
But when the complainant Fr Fidellis Nzuki turned up in Machakos on March 19, he was shocked to learn that the matter had been moved to Tawa Court without his knowledge.
Nevertheless, he turned up at the Tawa Court Teusday and listened keenly as Mr Kibicho set the date for a ruling as to whether Fr Makewa would be put on his defense or not.
Fr Makewa is charged with attempting to murder Fr Nzuki at the Residence of the Father in Charge of the Wote Parish nearly three years ago.

Fr John Makewa will know his fate on April 11

Missing Millions Feb-March 2012

Tale of missing ESP

millions in school

By Jonathan Mutiso

An incomplete Library in Mwala's Model School. Millions are unaccounted for

Furious parents and other education stakeholders from Mwala district have raised red flag against embattled Mbaikini Boys High school principlal Jonathan Mua over mismanagement of funds allocated for the Economic Stimulus Programe (ESP)last year The Sh.21m for Economic Stimulus Programme(ESP) is over but none of the projects initiated has been completed. The school needs approximately Sh 12m to finish the work. The school is indebted to the tune of over Sh 7,000.000.00 An extension land which was to be acquired in 2010 for Sh 400,000.00 has not been paid for.

Ngilu Kiema pledge unity. Feb- March 2012

Ngilu, Kiema launch

new Miambani Division

Mr Kilonzo and Mrs Ngilu

By Boniface Mulu

The Water and Irrigation Minister Charity Kaluki Ngilu has declared that she will vie for the 2012 Kenya ’s presidency through the National Rainbow Coalition (NARC) political party.

Questions galore in Mbooni CDF Feb- March 2012

Corruption claims 

mount in Mbooni CDF

By Kiio Waita
 in Wote

The 15 members of the Mbooni CDF seem to have the power and pro­tection to swindle the unsuspecting residents of Mbooni by dipping their fingers in the CDF kitty during broad day light.For the last 4 years only the CDF committee members have been dis­trib­uting development funds to projects of their own choice contrary to the laid down government pro­ce­dures that locational de­vel­opment committees identify, and prioritize resident’s preferred projects then forward minutes fully signed by committee mem­bers to the CDF committee for allocation of de­vel­opment funds.

VERBATIM: Part two of Mavoko taskforce report Feb-March 2012

VERBATIM REPORT: Part 

two of  Mavoko land taskforce

Members of the Taskforce during a tour of one of the affected areas

CHAPTER THREE
LEGAL, INSTITUTIONAL AND REGU­LATORY FRAMEWORK OF MAN­AGING LAND IN ATHI RIVER DIS­TRICT

LEGAL FRAMEWORK

In carrying out its work, the Taskforce have noted that land administration is gov­erned by the following Acts of Par­liament; Land Control Act (Cap 302)The Land Control Act was enacted in 1967 to provide for a legal frame­work for controlling trans­actions and managing ag­ri­cul­tural land in Kenya. The Act establishes three-tier hierarchical system of land control boards to encourage efficient land use also empowers the Minister for Lands and Settlements to declare any part of the country as land control area under the Act.

Mavoko Town Hall, where the taskforce held its sittings

A section of members of the Taskforce during a sessio

The Divisional Land Control Boards (DLCB) consist of eight to twelve residents within their jurisdiction, who are government appointees.
Other members include two nomi­nees from the local government and no more than two public offi cers. The District Commissioner (DC) or District Offi cer (DO) acts as the Chairman. The DLCB regulates all controlled transactions in its ju­ris­diction. Provincial Land Control Appeal Board (PLCBAB) is an appellate tribunal and consists of the Provincial Commissioner as chairman, not more than two appointed public offi cers, and between two and fi ve appointed members from the community where the land in question is located (Government of Kenya, 1989). The Central Land Control Appeal Board is an appellate tribunal and a fi nal arbiter. It con­sists of the Minister for Land and Settlement as the Chairman, the Attorney General, Ministers for Home Affairs, Economic Planning, Ag­ri­cul­ture and Co-operatives and Social Services (Government of Kenya, 1989).

Government Land Act (Cap 280)
Registration of Titles Act (Cap 281)
Registration of Lands Act (Cap 300)
Physical Planning Act (CAP 286),
Survey Act (CAP 299)

Rating Act
GLA (Cap 302) gives provisions to the es­tab­lishment of Land Control Boards and their op­erations viz sale, transfer, lease, sub lease, charge and partition.
GLA(Cap 280) deals with alien­ation and management of government land.  This in­cludes development control i.e approvals for sub-division, change of user, extension of lease and extension of user.  The GLA gives provision on how government land should be alienated.
RTA(Cap 281) – This is a stat­ute that guides on how trans­actions on land reg­is­tered un­der the Act will be carried out.  Title Grants under this Act are only registered in Nairobi for the rest of the country and Mombasa for Coast Re­gion.
RLA(Cap 300) –  gives pro­vision on how transactions on titles registered under this Act may be carried out e.g. transfers, charges, subleases.  It also ca­ters for the land which has been con­verted from RTA to RLA.
Survey Act (Cap 299) – gives au­thority to carry out any sur­vey by the Di­rector of Sur­vey and the licensed surveyor.
Physical Planning Act(Cap 286) – deals with planning and development con­trol on land.

INSTITUTIONAL FRAMEWORK
(a)    Commissioner of Lands
(b)    District Land Registry
(c)    Municipal Council of Mavoko
(d)    District Plots Allocation             Committee

REGULATORY FRAMEWORK
(a)    Land Control Board
(b)    District Land Tribunal –             Machakos
(c)    District Physical Planning Li­ai­        son Committee

CHAPTER FOUR
RESERVATION AND ALLO­CATION OF LAND IN ATHI RIVER DISTRICT
PUBLIC LAND
In this chapter of the report the Taskforce embarks on a situational analysis of the ille­gally appropriated lands in Athi River District.  For clear analysis the taskforce found it nec­essary to broadly cat­ego­rize the affected lands as follows;-
PUBLIC LANDS
l    State Corporations
l    Public Utilities

PRIVATE LAND
l    Cooperative Societies and             Churches
l    Private Individuals

3.1.0  STATE CORPORATIONS
State corporations are es­tab­lished un­der Cap 446 Laws of Kenya; each state cor­po­ration falls under a spe­cific Ministry while the gov­ernment retains the au­thority to appoint members of the management board and the chief executives of the respective cor­po­rations.
 The Government allocates land to a State Corporation to carry out its man­date.  Others may also procure land with approval of their Boards to carry out its mandate.  The Gov­ernment may also com­pul­so­rily ac­quire land for the purpose of a State Cor­po­ration.  All land held or owned by a State Cor­po­ration is public land in the sense that it was either excised off Gov­ernment or trust land, or the funds used to purchase that land were tax-payers money.  The cor­po­ration there­fore holds land on trust for the people of Kenya.
In the area under our man­date the following State Corporations, Com­pa­nies and In­sti­tutions were ana­lyzed; 3.1.1 East African Portland Cement Company (EAPCC) – 13,000 acres
The ownership of East African Port­land Cement Company (EAPCC) is as follows;- GOK 25%, NSSF 27%, NA­VAL (LARGAGE) 42% and Public 6%.

EAPCC owns the land tabu­lated here below;
Parcel (LR.NO.    Acreage (Acres)    Sta­tus 7815/1 2095
In­vaded by illegal trespassers(“land specu­lators”)
8784/4 1332
Kunkur finished and it is ear­marked for disposal but in­vaded by illegal tres­passers and are undertaking illegal sub-division
8786 745
In­vaded by illegal trespassers and are un­der­taking illegal sub-division
10424 4298
In­vaded by illegal trespassers and are un­der­taking illegal sub-division
10425 4313
In­vaded by illegal trespassers and are un­der­taking illegal sub-division
8785 - Par­cels sold and a modern housing Es­tate is fully de­vel­oped.
Total12,782.6   

Observation and Findings
It should be noted that the above men­tioned parcels ex­clude the areas covered by the office blocks, manu­fac­turing plant and resi­den­tial area.  On parcel LR. No. 10424, there is a road re­serve totaling 41 acres.   The Taskforce visited parcel LR. No. 10425, and found a group calling itself Kenya Na­tional Organization of Victims of Eth­nic Clashes (KNOVEC) sub-di­viding among its 900 mem­bers out of whom 300 have been allegedly re­settled.
EAPCC has challenged the ille­gal in­vasion in the High Court at Machakos HCCC No.93 of 2009 and obtained a Court Order re­straining any person from interfering with the land and maintain the Status quo. EAPCC in­formed this Taskforce that the po­lice are investigating an account with KShs. 62 Million opened by some leaders of the land specu­lators with a name dis­guising as East African Portland Cement Com­pany.

Findings and Rec­ommen­dations
l EAPCC has offered to sell LR No. 8784/4 with priority to the local community and Company Staff provided they organize themselves in groups through the participation of local leaders.
Illegal trespassers be evicted without any further delay.
EAPCC should consider securing their land as advised elsewhere in the report.

3.1.2    NUMERICAL MACHINING COMPLEX (NMC)
The ownership of Numerical Ma­chining Complex (NMC) is as follows:-
Kenya Railways – 51%
University of Nairobi – 49%
In the year 1992 the Gov­ernment allo­cated a to­tal of 1700 acres to NMC parcel number LR .11895/20, IR No. 63767 totaling 1700 acres for the pur­pose of developing in­dus­trial park.   In the year 2001, NMC hived out 500 acres for disposal to offset an out­standing debt amounting to KShs. 78 Million.  There was a Cabinet Memo au­tho­rizing the sale.

Observation and Findings
Out of the 500 acres, 470 acres were sold out to individuals and private com­pa­nies and has since been de­vel­oped.  How­ever, 30 acres are ille­gally invaded by illegal land specu­lators, therefore, the com­pany has not been able to provide vacant possession to the buyer.  This parcel of land is being claimed by two firms namely; Naritoi Agency and Benrose Agency. Both firms are in possession of titles with the same LR number but different IR numbers. 
The remaining 1,200 acres of land have since been in­vaded, by some 17 self help groups among them -  MAVEMBA, TUPENDANE and others.  NMC had gone to Machakos High Court vide HCCC No. 252 of 2010 and obtained restraining order dated 22nd De­cem­ber, 2010 against the invaders, to-date this order has not been enforced.   
Some records captured show that mem­bers of the MAVEMBA self help group were paying 400,000/= per plot to their officials and issued with a share certificate upon payment.
The land has been earmarked for the con­struction of a steel mill complex to­wards leading the country to achieving its in­dus­tri­al­ization vision as one of the key flagship projects as en­visaged in Vision 2030.  This Taskforce noted that NMC has signed an MOU with an in­ter­na­tional in­vestor to es­tab­lish a steel mill on this land. The project has attracted 115 Million US dollars from the in­vestor. 
 Visit to this parcel of land by the Taskforce established that the entire 1,200 acres is heavily invaded by the speculators who have dotted the whole area with “uni-hut” like iron sheet struc­tures.

Findings and Rec­ommen­dations
l The illegal invaders should be evicted immediately to enable NMC give vacant possession to the investor.
l The officials of the self help groups and Land buying companies involved should be investigated, arrested and prosecuted for swindling unsuspecting members of public.

3.1.3    NATIONAL HOUSING CORPORATION (NHC)
NHC was established in 1960 under the housing Act (Cap 117) Laws of Kenya man­dated to provide quality and affordable housing to Kenyans through partnerships.
The Corporation owns a num­ber of parcels in Athi River District and the affected par­cels are as listed here­un­der;
Parcel 1- LR. No. 25298 -initial allo­cation was 80 Hectares(Ha.) allo­cated on 2/7/1994 Ref. No.  39711/XX/III with a Deed Plan.
When the Survey was done it was re­alized that some parts had been ex­cised. The balance of  33.16 Ha. was issued with a fresh letter of allotment Ref. No. 397711/XX/II dated 23/4/1999 by the Commissioner of Lands. NHC made a part payment of KShs. 558,940/= as stand premium.  How­ever, it was realized part of the land had been allo­cated by the Commissioner of Lands to a private developer leaving NHC with 12.57 Ha.
The Commissioner of Lands fur­ther issued a fresh allo­cation on 6/9/2005 Ref. No. 206313/22. On 9/9/2005, NHC paid to the Commissioner of Lands Kshs. 330,040/= but while pro­cessing the allotment letter, it was fur­ther realized that LR No. 25298 had another letter of allotment issued to a pri­vate developer hence the pro­cessing of Title of ownership to NHC was stopped. To date, the Ministry of Lands is still in­ves­ti­gating the double allo­cation of the land.

Observation
(1) NHC does not own any land as at now, but has continued paying a total of KShs. 888,980/= to the Commissioner of Lands who was still issuing the same land to private developers.

In view of the above;
(a) The Commissioner of Lands is responsible for the double allocations.
(b) The Commissioner of Lands collected quite a substantial amount of money while knowing very well that the same parcel of land had been allocated to  private developer(s).
(c) Some official land transaction documents were not availed to the Taskforce by NHC.
(d) The Commissioner of Lands has a responsibility to resolve the ownership dispute and expedite issuance of title to NHC to enable the Corporation undertake the desired housing development.
Parcel 2- Agriculture Syn­di­cate Ltd And NHC- LR No. 10426/81 IR 126719 (155 Acres) with Title available in the name of Ag­ri­cul­ture Syndicate Ltd.
On 7/2/2011, NHC entered into a sale agreement with Ag­ri­cul­ture Syndicate Ltd at the price of Kshs. 822,700,000/=. NHC paid the following in­stallments:-
(i)  KShs. 300 Million
(ii) KShs. 250 Million
A Balance of KShs. 272,700,000/= was still outstanding as at 15/8/2011.
In order to facilitate the transfer of the land to NHC, Agriculture Syndicate Ltd. paid land rates of KShs. 393,740/= on 28/1/2011 to the Mavoko Municipal Council through its lawyer Harit Sheth. A Rates Clearance Cer­tifi­cate was issued on 28/1/2011and a Transfer done on 8/3/2011.

Observations
l While the current legal owner, Agriculture Syndicate Ltd. was in the process of transferring the said parcel of land to NHC, they realized that the same parcel is being claimed by other parties namely:-
(a)  Local residents – No documents available
(b)  Group of Maasais – No documents
(c)  Kibwezi Mining (2002) Company Ltd. – have a copy of title LR. No. 10426/81 IR 143032 measuring 60.56 Ha.
(d)  Richard Mwalili Mulu and Joseph Mwalili – Have a Certificate of Title LR No. 10426/29/3 and IR 105259 measuring 157.5 Ha

l It is further observed that Messrs Kibwezi Mining (2002) Co. Ltd. does not exist in the records of Registrar of Companies as per the letter from the Registrar of Companies Ref. CR 13-General and dated 11/5/2011.
l The Chief Land Registrar in the letter Ref. IR 105259 dated 13/5/2011 while verifying the authenticity of the titles states that:-

(1)  The title held by Agriculture Syndicate Ltd. LR No. 10426/32 IR 105259 was subdivided and resultant titles issued in the same name.  A further subdivision was done and LR No. 10426/81 IR 126719 was registered in the name of NHC and charged to Agriculture Syndicate Ltd while LR No. 10426/82 IR 126720 remained under Agriculture Syndicate Ltd.

(2)    He further confirms that the title held by Messrs Kibwezi Mining LR 10426/81 IR 1043032 is a forgery.
Finding and Recommendations
LR No. 10426/81 of IR 126719 is genu­inely registered in the name of NHC having been transferred from Ag­ri­cul­ture Syndicate Ltd as per the confirmation from the Chief Land Reg­is­trar vide his letter.
In view of the foregoing, the claim by the local residents, Maasais, Kibwezi Mining Com­pany, Richard Mwalili Mulu and Jo­seph Mwalili over the same par­cel of land is fraudu­lent and their occu­pation is illegal hence le­gal and ad­min­is­trative mecha­nisms should be put in place to ensure their eviction.
The NHC is advised to complete payment of the balance amounting to Kshs. 272,790,000/= in order to ex­pe­dite the pro­cess of ownership of the said parcel of land.
Some titles owned by other pri­vate in­di­viduals were re­voked by the Reg­is­trar of Titles under Gazette Notice No. 3454 dated 1/4/2010 in favour of NHC for the purpose of public utilities and these are:-
LR No. 27791           
LR No. 27792            
LR No. 27793            
LR No. 27794         
LR No. 27796   
The parcels of land whose titles had been revoked except one were held in trust by the PS-Trea­sury for Ministry of Housing under new LR numbers namely:-
LR No. 28454
LR No. 28455
*LR No. 284456
LR No. 28457
LR No. 28458
The above parcels of land were given to NHC by the Min­is­try of Housing af­ter NHC applied for allocation of land in Mavoko Mu­nici­pality for Housing de­vel­opment. All the above titles came out in the name of Per­ma­nent Sec­re­tary, Treasury.
 On allocation, NHC commenced con­struction of a factory called EPS on LR. No. 28458 at a cost of KShs. 578 Million (the original number is LR. No. 27796).
On LR No. 27792 – there is a perimeter wall under con­struction by an uni­den­tified per­son. On LR No. 27793 – there is a barbed wire fenced by yet another uni­den­tified person.
A Mr. Abdiraham Adam Mohamad was awarded par­cel LR No. 27783 (for­merly LR No. 284456) through a Court Order. NHC is concerned that there is a possibility of the re­maining parcels of land being similarly challenged in a court of law.
l The Permanent Secretary, Treasury be requested to release all titles he is holding in Trust to NHC.
l NHC is advised to regularize their ownership of the titles.

3.1.4 National Social Security Fund (NSSF)
The National Social Security Fund is a pub­lic trust which was established in 1965 through an Act of Parliament Cap 258 of the Laws of Kenya. The Fund initially operated as a De­partment of the Ministry of Labour until 1987 when the NSSF Act was amended trans­forming the Fund into a State Cor­po­ration under the Management of a Board of Trust­ees. The role of NSSF is to provide social security pro­tection to workers in the for­mal and informal sectors.  NSSF has not been vested with any land by the Government but all the parcels owned by NSSF were pur­chased be­tween 1992 and 1994 from individuals and from com­pa­nies.
In total, NSSF owns 1,371.62 Acres within Athi River Dis­trict.  The Board of Trustees has ear­marked about 50 – 80 acres for dis­posal through a local leadership-stake­holder process.  A to­tal of 1,010.3 Acres have been ear­marked for Public- Pri­vate Partnership de­vel­opment as per their In­ter­na­tional Tenders of No. 05/2010-2011 which invited expression of interest (EOI) for joint venture development.  The intended development will include a mod­ern city com­prising of between 20,000 to 30,000 housing units of various categories offering the nec­essary public amenities e.g se­cu­rity structures, schools, hos­pi­tals, shopping complex and recreation fa­cilities, mod­ern transport in­fra­struc­ture (public rail­way and road  network) among others.  The rest of the land shall later be de­vel­oped.

Observations and Findings
The Invasion/encroachment on NSSF land is two-fold in na­ture;-
(a) On the one hand, NSSF accuses Municipal Coun­cil of Mavoko of aiding and abetting dumping of soil by con­struction com­pa­nies that have no spe­cific dump site for their ex­ca­vation works on the par­cels of land be­longing to NSSF.  NSSF fur­ther claims that the people who dump the soil engage the services of some youth with the intent of scaring away NSSF staff and se­cu­rity.  The youth also collect a dumping fee from the vehicles dumping the soil.

(b) On the other hand, among the par­cels ear­marked for PPP (Pub­lic-Pri­vate-Part­nership) specifically LR. No. 24578 of about 577.2 Acres in the Katani Area has illegal bea­cons erected on it and the same is being sold to un­sus­pecting third parties. Local youths are hired by ille­gal land specu­lators and agents to harass the NSSF offi­cials on this par­ticu­lar land among others when they attempt to secure their prop­erty which creates a security threat. These youth agi­tate that they are squatters who need land yet from the ini­tial findings, the Taskforce has confirmed that there are no squatters in the area and there have never been initial occu­pants of the lands in question.

Recommendations
l  The Taskforce appre­ciates the NSSF offer to dispose off the par­cels of land which they find diffi­cult to de­velop e.g. in the dumping areas, through the en­visaged participatory pro­cess giving priority to the local commu­nities.
l NSSF should be facilitated by the Government through the pro­vision of security to clearly identify and put permanent marks on their par­cels of land using cost-effective measures preferably by the digging of trenches.
NSSF should erect billboards iden­ti­fying their land for the purpose of de­terring land specu­lators/in­vaders from in­ter­fering with their land and also as a way of cre­ating awareness to the mem­bers of the public.
The invaders and encroachers should be evicted immediately and their offi­cials/leaders in­ves­ti­gated, arrested and pros­ecuted.

3.1.5 KENYA AIRPORTS AU­THORITY (KAA)
KAA was vested with land pursuant to Section 4 of the Kenya Airports Au­thority Act (Cap 395 of the Laws of Kenya).
A grant was issued for LR No. 21919 mea­suring 4,674.6 Hectares (Ha) on 1/8/1996.  However, there was a variance in the area surveyed and that which was reserved for the de­vel­opment of the Airport.
In 2002, a re-survey was done by the Di­rector of Surveys to correct the variance and sub­se­quently KAA surren­dered the title for LR No. 21919 was issued with a new grant for LR No. 24937 measuring 4,398.7 Ha giving a variance of 275.9 Ha. However, there are indications that KAA petitioned the Commissioner of Lands on the ex­cisions on Airport land and this has prompted dis­putes with the neighbouring commu­nity, now variously referred to as Jumbo Uungani and Mulolongo Brothers Land.

The following issues were raised by KAA:
(a)  There are some people with valid title documents with de­vel­opments along the flight path and KAA’s con­tention is that approval for any de­vel­opment along the flight path must be subject to the pro­visions of the KAA Act for purposes of In­ter­na­tional Safety Standards.
(b)  Squatters numbering about 200 along the flight path who also en­croach on the airport land and are viewed as a se­cu­rity threat.
(c) Out of the 1600 acres of ille­gally acquired land of  out of which 400 acres are the sub­ject of two pending court cases viz:-
l  HCCC No. 206 of 2004
l  KAA – Vs – Mlolongo Bros (LR. No.
     14231)
l  HCC No. 489 of 2004
l KAA – Vs – Uungani Settlement Scheme Self Help Group (LR No. 13512)

Findings and Recommendations
l The Taskforce recommends that court survey be done on the two par­cels LR. No. 14231 and LR. No. 13512.
l KAA should to urgently pur­sue the conclusion of the pending Court Cases.

3.1.6    SHEEP AND GOAT/KENYA MEAT COMMISSION (KMC)
The KMC/sheep and goat project owned LR. No. 10029/2 measuring 2912 acres. The land is used for live­stock breeding and di­ver­si­fi­cation including in­tro­duction of quails and guinea fowls for breeding.
The project is however unable to fully uti­lize the land because of the following:-  Illegal occupation by squatters, Illegal grazing and cul­ti­vation by trespassers, Un­au­tho­rized quarry operations on the land numbering to ten(10), Land grabbing through po­litical incitement and Vandalism of the Sheep and Goats project equipment and property.

Findings and Recommendations
(i) The land is legally owned by KMC through Sheep and Goat Project.
(ii)  The land is critical for their continued operation i.e livestock holding.
(iii) If the land grabbing menace is allowed to continue unchecked, it will jeopardize the sheep and goat project
(iv) The Squatters should be evicted and the land properly secured.

3.1.7 MEAT TRAINING INSTITUTE
This important institute is situated at the heart of Athi River Town and owns land LR No. 337 zone 5/3 Athi River measuring 86.5 Acres. 
However, the Taskforce learned that part of the institute’s parcel of land has been ex­cised by the Commissioner of Lands and directly allocated to the following;
(1) Mathew Musyimi Nzuve               7.9 Acres

(2) Ms Malu O. S. Ltd                   9.8 Acres

(3) A Mr. Muthengi                   9.8 Acres

Finding and Recommendations
l  The Permanent Secretary, Ministry of Livestock have put a caveat
l  The Taskforce recommends that the allocation be revoked and the land reverted to the Meat Training Institute.

3.2.0    PUBLIC UTILITIES
3.2.1    Stadium
Stadium was allocated to 157 ben­efi­cia­ries comprising of commer­cial/residential plots and to two industrial plots (Apex Steel and ……..)

3.2.2 6. 26699/29 Numerical Ma­chining
6. 26699/29 Numerical Machining

1. LRNo. 12715/267 Syokimau
2. LRNo. 12715/256 Syokimau
3. Mavoko Municipal Block 6/576 – Site and Service
4. Mavoko Municipal Block 6/309 – Site and Service
5. Mavoko Municipal Block 6/787 – Site and Service
6. LR 26699/29 Numerical Ma­chining
7. Mavoko Municipal Block 7/249 – Slota
8. LR 26699/27 Numerical Ma­chining
9. LR 26699/22 Numerical Ma­chining
10. LR 26699/146 Numerical Ma­chining
11. LR 26699/23 Numerical Ma­chining

PRIVATE LAND
3.2.0 PRIVATE LAND AFFECTED
(A)    In this section there are numerous private land with different types of land related issues namely outlet invasion parallel titles, fake titles forged documents and illegal allotments.To highlight a few;i.    The late Wamaitha Humphrey land parcel – LR. 1504/7 size 400 acres situated at Mlolongo Athi River District.  This parcel of land has a pending succession case handled by two different law firms namely;
A.F. Gross and Lukas Naikuni Advocates.  Late Wamaitha died on 14/03/2009 and left a will on how this particular parcels of land be distributed among the members of her family – which is lead by Lukas Naikuni Advocate which the original title is under the custody of the other law firm A.F. Gross Advocates.  ·    In our opinion the two lawyers have failed to work together in coordination to resolve this pending succession case.
l  This opened a door for land speculators to invade the land in question.

INTERMEDDLING
During our public hearing en­coun­ter and field visits we es­tab­lished the following;-
(i) Massive illegal and unapproved permanent storey building on construction.
(ii)  One by the name Nicholas Nzioka Ndambuki aka Willy Kaore Wanjiku claims the ownership of the whole parcel through suspected forged documents.  It was further established that he has embarked on sub-division and allocation to the members of the public.
(iii) We further noted, three different letters of administration were issued to the three different individuals, of which two were granted to the two of her sons and one to Nicholas Nzioka Ndambuki who has no biological claim to the late Margaret Wamaitha Humphrey’s family.
(iv)  We have also gathered each of the three sons, are secretly and individually receiving money for their daily upkeep either as resent or deposit for further land sale which can cause further conflict. Since there is a lot of intermeddling in this parcel, it is proposed that the pub­lic trustee takes over the control of the de­ceased to pre­vent further in­vasion.
t Other ;private land affected by invasion include:-
t Mr. Justice Mbaluto
t Mr. Sam Muumbi
t Mr. David Marika
t Prof. Irina
t Mr. Provin Bowry
t Mr. Mungai Ngaruiya
t Mr. Ngugi Kiuna
t Mr. Justice Maranga
This parcels among others have been com­pre­hen­sively invaded with ille­gal bea­con being placed by quack sur­vey­ors and struc­tures erected and le­giti­mate owners de­nied access to their prop­erties.  This land vary in size from 20 to 500 acres.

3.2.1 CO-OPERATIVE SOCIETIES
The current land invasion going on in Athi River district did not spare even properties owned by Co­op­erative So­ci­eties; among the affected in this cat­egory include; Katani (Mitaboni), Ngelani, Lukenya, Drumvile Co­op­erative Societies.
We also note that these Co­op­eratives have issues regarding abuse of office by the offi­cials by way of irregu­lar allo­cation of their plots to members.

3.2.2 CHURCHES
Properties owned by Faith Based Organisation are similarly affected,  Among these;
(i) Lanyevu Gardens belonging to Nairobi Pentecostal Church
(ii) Catholic Diocese of Machakos (Mbui utiiti land in Numerical Machine Complex – Sabaki)
(iii) Deliverance Church
In addition to the above, the Cham­pion of Christ Temple was conned of sub­stan­tial amount of money under false pretence of being sold non-ex­istence land by a group of current & former Coun­cillors.
The finer de­tails of this are covered un­der the Ma­trix Chap­ter.

3.2.3 UN-HABI­TAT/MULINGE SCHEME
The scenario in this case is con­sid­ered as double allo­cation in that UN-Habi­tat was granted land by the Commissioner of Lands for the purpose of slum up­grading project.  This allocation over­lapped an ex­isting allo­cation in the Mulinge Settlement Scheme hence dis­placing a few allotees of the later scheme land owners.
Recommendation on UN-Habi­tat
Since the UN-Habitat has al­ready de­vel­oped slum up­grading housing, its our rec­ommen­dation that the Commissioner of Lands do look for al­ter­native to com­pen­sate the affected individuals.

LAND RATES IN ATHI RIVER DIS­TRICT
(Write up from the Coun­cil and the Land Con­trol Board)
The Land Control Act compels parties of a controlled transaction to seek consent from the appropriate Divisional Land Control Board (DLCB) within six months after the agreement has been made. The parties use a prescribed form to apply for the consent in which they give a detailed account of the nature of the trans­action.
Some trans­actions such as sub-division may require additional information. After filling the appli­cation, the parities are re­quested to attend one of the bi­monthly meetings. If the appli­cation is accepted, the consent is granted and parties involved are required to complete the transaction through the process of title registration.
Controlled transaction becomes void if the consent is denied and the statutory limitation has expired. If the board denies consent, the parties may ter­mi­nate the transaction, appeal or refuse to comply. The appeal to Provincial Land Control Board or Central Land Control Board (CLCB)  must be initiated within thirty days after the denial. Non-compliance is a punishable offence but non com­pliance cases are not prosecuted due to budget limitation.
The LCA exempts the decisions of land control board from judicial review, but it empowers the Presi­dent to overrule the decisions.
The President can grant exemptions to any controlled transaction (Government of Kenya, 1989).

Feature: Feb- March 2012

Kiboko farmers face KARI

over use of water resource

Massive pump house belonging to KARI along Kiboko River.

Residents and farmers along river Kiboko in Kasuvi sub-location in Makueni County are opposed to continued tapping of water by  the Kenya Agricultural Research Institute(KARI). They say that Kenya Agricultural Re­search Institute (KARI) sub­station at Kiboko is pumping water directly from the main source of river Kiboko.

COMMENTARY: Feb-March 2012

High Court Judges

keep Kenyans guessing

 
The year 2012 is a great  one  which will defi­nitely change our gov­er­nance sys­tems in Kenya, but I am a worried man, very worried indeed when our learned judges of High Court failed to demonstrate their pa­trio­tism and in­de­pen­dence of judiciary as entrenched in our Con­sti­tution of 2010.

OPINION: Feb- March 2012

The secrets of sex abuse by Nun
lesbians and priests in con­vents

 By Fr Joachim Omollo

As session of the in­ter­na­tional symposium Toward Healing and Re­newal winds up today, we shall look at the book written by Sister Jesme, a former nun from Kerala, which has blown the whistle on the alleged sexual abuse that nuns have to face in con­vents by their fellow nun lesbians.

Editorial Comment: Feb- March 2012

Graft allegations in Fr Makewa

case need to be investigated

SINCE the case against Fr John Wambua Makewa opened in Wote in some three years ago, The Anchor has dutifully reported the proceedings each time the parties participate in the trial.Before the incident became a court matter, it was The Anchor that broke the news that a strange gun drama had taken place at the Parish residence of the priest in charge at the time, Fr John Makewa.

County where party offices are defaced: Feb-March 2012

 County where party

 offices are defaced

POLICE are yet to track a gang that defaced The Independent Party Offices in Machakos a while ago.
Suspicion by TIP officials re­volves around a known gang of Wiper Democratic Party who years ago defaced an office belonging to the Orange Demo­cratic Movement (ODM) at Kathome market along the Nairobi- Machakos Road.