Raila, Kalonzo raise queries on rushed evictions as probe begins

Tuesday, the Directorate of Criminal Investigations (DCI) commenced a probe into the fraudulent land transaction that saw hundreds of families lose properties.

The DCI summoned persons it said to have information regarding the land transactions to record statements with the police today.

Those summoned include Mavoko MP Patrick Makau, Julius Mutie, chairman Aimi Ma Lukenya Society, his treasurer Pascal Kiseli and Secretary Alex Kyalo.

Others are members of the Kitanda na Mbusya Society, directors of the Nyambogi Society as well as three former deputy county commissioners in Mavoko.

Also roped in are former OCPD, DCIO officers, area chief and registrar of lands.

Details are contained in a press release to newsrooms by Ireri Kamwende on behalf of Mohamed Amin, the DCI director.

Innocent victims

"Due to the magnitude of the Portland PLC matter, which involved significant personal losses for potential innocent victims of land fraud and the swindling of millions of shillings,'' reads part of the statement.

The investigation body urged the affected members to aid in the investigation. ''The DCI has established desks at Athi River Police stations to collect relevant information and evidence that will aid in the investigations,'' the statement reads.

However, the affected families will present documents of ownership or evidence in their possession, which include receipts of payments made to individuals whom they transacted with.

As DCI launched the probe, East African Portland Cement maintained that it owns the land. Company chairman Richard Mbithi, flanked by more than 10 board members, said they issued notices to persons to vacate the land.

There has been a public outcry over the ongoing demolitions after a Machakos High Court declared the Portland Cement Company the legitimate owner of the 4,298 acres of land.

He said before, and after the court ruling, EAPCC had made appeals to illegal invaders to vacate the land and provided a grace period for them to retrieve their belongings.

Mbithi said the court ruling marks the culmination of a nine-year legal battle initiated in 2014 when Aimi Ma Lukenya Society fraudulently claimed ownership of the land.

"The society case crumbled due to their inability to produce the original title deed, contract documents or any evidence of payment to support their alleged transfer. That means their title was fake,'' said Mbithi.

Mbithi was flanked by company Managing Director Oliver Kirumbai and clarified that it is the cement company conducting demolition and not any other government entity.

"We had a budget to do the ongoing demolitions," said Mbithi.

He said the company had earlier warned the public against buying disputed land from unofficial groups.

Mbithi said in 2021, the company had plans to regularise and sell the idle land after exhausting mining.

''We have correspondences showing the same. This matter has been there for a long time; we are now ready to regularise this; hence, we advertised," he said.

Urgency questioned

The chairman was referring to a notice published in local dailies on Tuesday that notified the public that it had put part of its land in Athi River up for sale amid ongoing demolitions.

In the notice, EAPC noted that priority will be given to those who are currently occupying the said piece of land. But Raila questioned the urgency of the land use. "What is this urgency that could not allow people time to move out by next year? Are there personal interests riding on the guise of public interest?"

"Does EAPC understand that there are things people can do to fight back and even end its existence as a company?" he asked.

At the same time, the cement company urged the present occupants of the land to state their claim within the next two weeks, starting October 17.

pgithaiga@standardmedia.co.ke