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.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
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.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
