A storm is brewing over the ownership of a Sh1.2 billion land owned by the National Hospital Insurance Fund (NHIF) in Karen, Nairobi.
This was after the Directorate of Criminal Investigations (DCI) made a surprise declaration stating one Peter David Leparakwo is the legitimate owner of the 23-acre piece of land.
But for the ownership to be overturned, the Ministry of Lands has to investigate also and implement the recommendations.
The DCI wrote to the Director of Survey stating the land belongs to Leparakwo.
The DCI letter says the NHIF and three others have fraudulent documents.
“The evidence was found to have been demonstrated by Title Deed IR. No. 152577 and LR.24968/2 registered in favour of Peter David Leparakwo which investigations affirmed to be then registered proprietor of the land,” the letter dated September 16, 2021 reads in part.
It said through investigations on all documents supplied and witnesses interviewed, have upheld and supported Leparakwo’s claims, whereas the rest of the claimants have been cited for offences such as fraudulent conspiracy, forgeries, utterings, abuse of office other offences centred on open greed which formed part of the complicit.
The letter signed by P.M Kayemba adds; “The Director of Survey is therefore advised to expunge any records purportedly submitted without the instructions Peter David Leparakwo who is the bonafide proprietor.”
It asked the ministry to facilitate Leparakwo to transact.
“By way of this letter, you are therefore advised to act accordingly as required by law for purpose of allowing the registered owner to transact accordingly.”
LONGER PROCESS
Officials at the Ministry of Lands said they are aware of the letter but will also conduct their investigations.
They added the matter is before the court and may take longer to conclude.
NHIF acquired the land in 2002 at Sh98 million from Kasikazi Limited.
The plot which is next to the Deputy President’s official residence is also claimed by Fredrick Kimemia Kimani who is a director of Cirtex Kenya Limited and Crownline Freighters.
Leparkwo had in 2018 tabled documents before a parliamentary watchdog committee claiming that he was the owner of the disputed land, LR number 24962/2, currently valued at Sh1.2 billion.
He claimed to have inherited the land from a white settler who was his former employer, A.J. Faulkner and Sons Limited, in 1982.
Leparkwo had in February 2021 lost an attempt to be declared the legitimate owner of the land after he filed a case at the Judicial Review Division of the high court seeking exparte orders.
Justice Pauline Nyamweya dismissed the case a day after Leparkwo filed it saying it was an abuse of court process as the ownership dispute was still pending before the Environment and land Court.
Two cases on the ownership are still pending in court.
In April 2018, NHIF placed a caveat on the land, saying there is an ongoing case in court between it and a private firm, and that the land is not for sale.
The notice dated April 1, 2018, stated the property was not subject to any sub-division or alienation nor has it been offered for sale by the Fund as it is the subject matter in the Environment and Land Court (ELC).
“Take note that parcel of land known as LR No 24968/2 is public land exclusively vested in the name of NHIF. It has come to the Fund’s attention that parties who purport to have been allocated the land have now and in the recent past, offered the same for sale and/or letting or advertised purported ownership thereto,” a public notice appearing in the dailies read in part.
In the court case, NHIF said it had purchased the property from Kaskazi Ltd in 2001 and had planned to put up a resource centre before Crownlife Freighters laid claim to it.
A planned construction of a Sh22 billion specialised medical centre by the NHIF failed to kick off.
The civil suit was filed in 2011.
Edited by D Tarus