Tuesday 20 March 2012

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

Monday 19 March 2012

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.

Day Machakos said 'NO' to Impunity: Feb-March 2012

Day Machakos said
'NO' to Impunity

Touts atop a matatu as they protested in Machakos Town
CITIZENS finally recorded a major victory in Machakos after their clamour for justice resulted in the arrest and prosecution of four Municipal Council of Machakos Askaris for the murder of a tout.They include the son of the immediate former Mayor of Machakos Fidelis Kimuyu- Mr Victor Wambua Kimuyu, Jones Mutua, Dominic Nzuki Ndambuki and David Wambua.

Why Magistrate abandoned Fr Makewa Trial: February-March 2012

Exposed:Why Magistrate
abandoned Fr Makewa Trial

Fr Makewa’s  attempted murder trial may have to be heard afresh after the trial magistrate bolted out of the case .Makueni Principal Magistrate Joseph Karanja withdrew from the case after twice postponing delivering a ruling on whether or not to put Fr Makewa on his defence.

Thursday 15 March 2012

UoN Don's Epic court battles exposed

UoN Chancellor's feuds 
with brother exposed

 Prof Mbithi's epic fight to stop criminal charge unfolds

By Anchor Reporters

Prof Peter Mbithi,(R) the Deputy Vice Chancellor, University of Nairobi at his office
A Kangundo family is reeling under the pressure of a University Don over a family dispute that begun with alleged seduction overtures of his own niece he employed in the University he serves.The row has escalated over time with buildings belonging to a brother of the don being demolished three times in an equal number of years in what is turning out to be a ritual. The drama unfolds complete with intrigues that cement intra family hatred- and they are documented.

Wednesday 14 March 2012

Politics: The Anchor February- March 2012


 VP: Friends and foes

 seem set to fail him

By Martin Masai

No matter how one wants to look at, a teaming ensembles of people are baying for the blood of Kalonzo Musyoka for various reasons.They are his close associates, his adversaries in politics, some come from his inner court and worse still they remain unknown in clear terms in the sense of wolves in sheepskin

KCSE 2012 Performance: The Anchor Feb-March 2012


KCSE: A big rebound for Kitui,
Machakos and Makueni counties
By Jonathan Mutiso
THREE counties of Machakos, Makueni and Kitui, for the first time in over 10 years claimed 10 positions among the top 100 schools in Kenya Certificate of  Secondary Education in the County Schools category.The 2012 results marked a resounding comeback of Machakos in particular in KCSE performance.

Thursday 8 March 2012

Main Story: VP hangs loosely The Anchor, February-March 2012

 MAIN STORY
VP's Friends and 
foes act same way

By Martin Masai

No matter how one wants to look at, a teaming ensembles of people are baying for the blood of Kalonzo Musyoka for various reasons.They are his close associates, his adversaries in politics, some come from his inner court and worse still they remain unknown in clear terms in the sense of wolves in sheepskin.
Delicate Balance for Kalonzo Musyoka

The Anchor: The ANCHOR, February-March 2012

The Anchor: The ANCHOR, February-March 2012: How VP's henchmen are writing his political obituary ahead of poll THE much touted prayer-cum-political rally in Machakos and attended ...

Monday 5 March 2012

VP's men let him down February-March 2012

How VP's henchmen are writing
his political obituary ahead of poll

THE much touted prayer-cum-political rally
in Machakos and attended by four leading
G7 presidential aspirants could turn out to
be the VP’s Water Loo.

Ukambani Counties Do
Well In KCSE
By Jonathan Mutiso
THREE counties of Machakos, Makueni and
Kitui, for the first time in over 10 years claimed
10 positions among the top 100 schools in
Kenya Certificate of  Secondary Education in
the County Schools category.The 2012 results
marked a resounding comeback of Machakos in
particular in KCSE performance.
Precious Blood- Kilungu, with 97 candidates
maintained what seems to be unassailable lead
with a 10.4315 performance index. It held the
sixth slot nationally. Kitui’s St Charles Lwanga
presented 115 candidates was listed at position
27 nationally posted a performance index of
9.6132, followed by Makueni Boys that entered
217 students and scored 9.5561.It was listed at
position 30 nationally.
  Muthale Girls, also in Kitui and listed position 41 nationally after entering 105 girls had
a performance index of 9.3130, with Mbooni
Girls from Makueni County listed at position
54 nationally. It entered 126 girls and attained a
performance index of 9.1262. Machakos School
followed at Position 58 with 211 candidates, attaining a 9.0855 performance index. Machakos
Gils was next at position 84, with 177 girls and
attaining a performance index of 8.8443. Matinyani Secondary was listed at position 86 with
143 students and attaining an index of 8.8280.
Mukaa Boys was listed at position 91 nationally
with 156 candidates and a scor of 8.8053, with
Kitondo Secondary listed at 99th slot  with 210
candidates and a score of 8.7268.
Precious Blood Kilungu who topped the Makueni County attained a mean never attained in
the school’s history.
The school principal sister Mary Joyce said that
this was expected and promised better things
this year as she was carried shoulder- high by
the students as they celebrated
Kerrick Kalaa- being among the top 100 candidates countrywide.




Turn to Back Page
GOVERNANCE 3
A Kitui West parliamentary aspirant
Ben R.N.Mbai has criticized his political
rivals in the area for dragging politics in
the management of the Kitamwiki Mixed
Secondary School in the area.
Mbai is accused of inept leadership
at the school and failure to lead in the
construction of classes even after he had
been urged to lead the process.
The school has no classes and only
begun constructing them as Term One
opened and without the full involvement
of Mr Mbai. Parents say Mbai has skipped
four BOG meetings called last year and a
meeting called by parents in the school
had to pass a vote of no confidence in
his BOG.
The secondary school operates in
b o r row e d   c l a s s ro oms   o f   K i t amwi k i
Primary School and a local dispensary to
serve its total of slightly over students.
Moreover, an education officer who
declined to be named told the The Anchor
tha t   in one   ins t anc e ,   the  Ki tui  We s t
District Education Board had to approve
minutes purpoted to originate from the
board to secure funding after Mr Mbai
failed to attend BOG meetings for routine
resolutions.
Mbai’s troubles with the school stretch
back to a harambee for the school he
failed to attend but send some Sh 10,000.
Parents are also protesting a demand that
the BOG made to be paid hefty allowances
that the school can ill afford. Former area
MP Francis Nyenze attended and donated
Sh 12,000 and he recently led the school
commi t te e   to   a  Ki tui  po l i t i c i an who
donated Sh 100,000 in a desperate move
to have them raise funds to construct the
classes.
However Mbai denied allegations that
his leadership as the learning institution’s
Board of Governors chairman was bad.
This is far from the truth as parents do not
want Mr Mbai at the helm anymore.
Mba i  went  on  “Tha t   a re  ba s e l e s s
allegations by my political detractors
in the area whose aim is to tarnish my
popularity among the school community
and the constituents in general,” Mbai
complained. “We (the school board of
governors) will have already constructed
some enough classrooms and toilets in
the learning institution by the end of this
month,” he said.
 Kitamwiki Mixed Secondary School
was started through the local Constituency
Development Fund (CDF) money in the
year 2009. Mbai alleged that Kitamwiki
Mixed Secondary School and the Kyondoni
Girls Secondary School are progressing
very well under his chairmanship and this
claim can not be verified independently in
respect of Kitamwiki where the situation
is unmistakably deplorable.
 Mbai, who is the Managing Director
o f   t h e   N a i r o b i   b a s e d   E n t e r p r i s e
Development Network (EDN) Company
Limited, claim that he had assisted more
than 400 students from the entire Kitui
County  to  a cqui re  hi ghe r   educ a t ion.
But our investigations indicate non of
the beneficiaries come from Kitamwiki
where he is chairman and poverty dots
the entire school community.
T h e   e n t re p re n e u r - c um- p o l i t i c i a n
claims gives education the first priority
in his development programmes and
assured the Kitamwiki Secondary School
community that he will remain serving
t  h em  a  s   t  h e i r   s c h o o l   B  o G   c h a  i rma  n
effectively and efficiently for the good of
the education.
City trader comes under
pressure over school in
need of leadershipThe ANCHOR, February - March 2012
The ANCHOR is published monthly  by Anchor Media Services P.O. Box 1468 - 90100, Machakos. Tel:020-2103380.,0734822959 Email:- anchormedia@yahoo.com
ANCHOR
The
Journalism of the Future
Muthama has not attended key
Wiper meetings in the last few
months. Instead, he has been
appearing in meetings with
Kiraitu Murungi to prop un the
PNU Alliance party of Kenya.
Once The Anchor asked him why
he was missing these meetings,
Muthama said he was finding
himself embarrassed that he
went with the VP to London to
open a PNU Alliance office and
now the VP was busy building
the Wiper brand   “ I do not want
to be associated with a party that
can not sell outside Ukambani”,
Muthama said at the time. He
missed two meetings held at
Maanzoni Hotel and another in
Yatta, the VP’s new home away
from Mwingi.
Matters have not been helped
by the straight shooting Mutula
Kilonzo- the Wiper Party’s John
the Baptist who invented the
slogan “Wiper” that eventually
became the name of the party.
His clamour for no candidature
for Uhuru Kenyatta and William
Ruto due to the Hague debacle
now proves to be Kalonzo’s
undoing- and he will not stop,
the damage it is doing Kalonzo
notwithstanding.
The VP’s rivals- Uhuru and Ruto
now openly distrust him and
even as they appear together
in the so called prayer and
peace meetings, they, including
Ka lonzo   rema in  a t  d a g g e r s
drawn in a tempo that seeks to
spill blood at the alter of political
expediency.
But the worst factor facing the
VP is the backyard mentality.
While other communities have
a   tend ency   to   enc i rc l e   and
empower their own and thrust
him to the national arena, it is
not the same with the Akamba.
For the VP is fighing tooth and
nail to  salvage his past support
at home.
In terms of communal support,
f o r t  u n e s   f o r   M  r   M u s y o k a
have debauched to levels of
desperation that if his arch
rival Mrs Charity Ngilu visits
Machakos today, the VP would
rather skip a national event and
be almost at the same spot the
next day. So bad is the situation
that the VP has been telling
those opposed to him that they
will carry curses across seven
generations “for opposing the
Akamba” (meaning him) and
even vowing to crush whoever
it is in the process.
T h e   m o s t   i n c a p a c i t a t i n g
factor for the VP is his suicidal
configuration- he is surrounded
by hack men whose agenda is
to make quick money- and he
disburses it hastily when they
concoct a threat so that they
can deal with it. Matters have
not been helped by the fact that
he believes in issues that can not
help his ambition to be President
of Kenya.
Observers are watching the
unfolding scenario with disbelief
as this, admittedly is Kalonzo’
best chance to be President
for he comes from the right
community, he holds the most
desirable position of VP has
the requisite experience and
exposure and is working among
a group that is Hague bound and
is First among equals in G7.
Why   t h e s e   f a c to r s   a r e   n o t
working for him may mean he
probably is the wrong character.
Is he?
Stay Anchored!
Delicate balance for VP:
Who wants him out?
From Page 1
From our people,
For our people 92.5 FM
Prof Mbithi edges close to sealing
a deal in raging family feud
From Page 2
Chancellor- Finance and Administration. This is likely
to be what scares him out of his skin.
Even as the drama unfolded, Prof Mbithi made
all efforts to ensure that the media does not cover
the cases. The first efforts were made by his sister in
law who is a former assistant minister. He has done
so successfully because none of the daily press, radio
and TV covers his family feuds. He has made several
efforts to secure a no coverage deal with Mbaitu FM
to no avail and has gone to the  extend of threatening
to take the Kamba vernacular station so as to scare
it into silence.
As we went to press Kangundo MP Nduya
Muthama had waded into the fiasco by agreeing
to be the go between. He held a meeting with Prof
Mbithi and them went to meet  his elder brother-Mr
Mulwa. Incidentally Mulwa says he paid for fees for
the Prof and was his best man during his wedding in
better days before the ruckus over the  entreat on his
daughter escalated.
Muthama returned to meet Mr Mulwa on
February 27 with a proposal for a settlement which
Mr Mulwa agreed to on condition that it must be
executed before any matter in court is withdrawn.
The anchor has obtained some of the terms f the
proposed settlement which we run below.
Muthama’s Mission
“For the first time  Johnson Muthama visited the
family of Joseph Mwanzia on 30th Jan 2012 to get
clear information of what has been happening.  After
getting the information, he and Prof. Raphael Munavu
met Prof. Mbithi on 8th February 2012.  Today the
27th February 2012 Hon. Muthama visited Joseph’s
family to bring the report from Prof. Mbithi.
Those Present in the Meeting;
1. Hon. Johnson Muthama (MpKangundo)
2. Mrs. Charity Chepkonga (DC Kangundo)
3. Mrs. HarriettaWanyama (OCPD Kangundo)
4. Mr. WanderiMwangi (DCIO Kangundo)
5. M r.   Fr a  n c i s  Wa mb  u  a M b  oya   ( C o u  n c i l  l  o r
Kangundo)
6. Mrs. Josephine K. Thomas (Chief Kanzalu
Location)
7. Michael Ndunda (Reporter Mbaitu FM)
8. Joseph Mwanzia Mbithi (Complainant)
9. Patricia M. Mwanzia (Joseph’s wife)
10. Pascaline M. Mwanzia (Joseph’s Daughter)
11. Fr. Josephat M. Mwanzia (Joseph’s Son)
 It was as follows:
1. Prof. Mbithi accepted to remove the wall he had
built to block the access road leading to their mother’s
compound so that it remains as before.
2. Prof. Mbithi agreed to compensate all the damages
which he and his younger brother Charles have
caused to Joseph Mwanzia’s property i.e. a perimeter
wall, two houses, toilet and bathroom, a weakened
storey building and as well as the maliciously
damaged perimeter wall he caused on the 5th Dec
2009 (Ref Kangundo Police Ob No 23/7/12/2009).
3. Prof. Mbithi to compensate on behalf of his younger
brother Charles for all the medical expenses incurred
for the treatment of Joseph’s daughter Pascaline
Mueni who was shot by Charles with a catapult on
18th October 2011.
4. Prof. Mbithi to compensate for the court expenses
incurred by Teresia Ndunge the daughter of Joseph
Mwanzia in the cases no 1562/2009 and 410/2010
whereby  Prof. Mbithi and Teresia signed a deed
of settlement on 23rd June 2011 to have the cases
withdrawn but Prof. refused to honor the agreement.
Futher to compensate for legal costs of criminal cases
no. 774/2011 and 04/2012 of his younger brother
Charles and his own case no. 05/2012 at Kangundo
Court.
5. Prof. Mbithi has accepted to remove all the iron
sheets he had put on Joseph’s perimeter wall.
6. Hon. Muthama Promised to meet the lawyers of
both parties on Wednesday 29th Feb 2012 to draft
the deed of settlement.
7. Proposal from Joseph’s Family is that; In order to
show that Prof. Mbithi is genuine and sincere, He
should go personally to Court on 02/03/2012 and
withdraw case no. 410/2010 where he accused
TeresiaNdungeMwanzia for sending offensive
messages before the judgment takes place.
8. In reply Joseph has accepted these proposals and
said they have to be met fully before he withdraws the
cases touching Prof. Mbithi and Charles Mbithi.”
Stay Anchored!
From Page 3
Mukaa boys a school that used to do good has now come back to the limelight after The school took new direction and changed morals for better
The Principal Mr Francis Mutunga said that the mean
grade achieved of 8.8 is worth celebrating though needs
more efforts since they have by all means to return to
the top where they belonged in the past.
The deputy mr Ndivo Muli said they would do better
this year to topple the  Precious Blood who used to be
behind them in the past.
The giant of Machakos-Machakos  School awoke from
slumber to top Machakos County with a mean score of
9.2 though they had a tough year of misconduct among
the boys to an extend of taking some of the exams from
behind the bars.
The unruly boys of last year shocked many even as they
made a remarkable come back, after scooping the top
position with a margin.
The principal Mr Masaku Muiya said  the boys could
have scored a much higher mean score if they had conducted themselves in a better manner. Masaku added
that the class they have this year is one of the best so
they are expecting to do much better.
Machakos Girls Principal Mrs Florence Mulatya  said
that they do not regret anything but only to praised God
for gaining a much higher mark than last year.
Mbooni girls is facing a tough competition from
mbooni boys after  as they returned to the charts since
they scored a Y after exams were leaked.

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