Calls are now mounting for the resignation of Nairobi governor Johnson Sakaja’s County Executive Committee Member (CECM) for Talents, Skills Development and Care Rosemary Kariuki over her husband’s involvement in a protracted land dispute in South B, Nairobi, which official records at City Hall show it belongs to the public and was earmarked for public Makuti market.
Rosemary is the wife to Kiambu Town Member of Parliament (MP) John Waithaka Machua and daughter to the late socialist politician Josiah Mwangi popularly referred as J.M Kariuki.
South B is in Makadara constituency where Machua tried his hand at capturing the Makadara parliamentary seat on a Kanu ticket in 1992.
Aggrieved residents who spoke to The Informer Media Group on condition of anonymity over fears of possible reprisals accused Sakaja of inaction saying his silence manifests sinister intention in an alleged land grabbing scam in which a spouse to his county minister is involved.
Hence, they called for the resignation of the Rosemary adding that she has failed to protect the public property of Nairobians.
“I feel the governor has been silent on the matter because his CEC is married to Machua. It’s sad and we called for the resignation of the CEC to no avail. She cannot be trusted with resources in the county if she cannot tell the MP that grabbing public land is against the law.” One of the residents remarked.
They hold the view that although the county restricted any development proceeding on the said land after a County Assembly Committee findings showed that the claimant holds fake documents, they lamented that Sakaja should have done more by joining them even during their demonstrations to help them get their market land back.
At the time when the matter first came to light about the said land grabbing in 2022, Rosemary, Machua’s wife, was serving as the one in charge of markets under the docket of County Executive Committee Member for Hustler and Business Opportunities but has since been moved to a different sector.
Two weeks ago, Sakaja told a local publication that he would protect public land a day after the residents of South B called him out to help secure their land from Machua.
“I want to tell the residents of South B that no public land will land in the hands of private developers.” He said.
Sakaja noted that last year when the matter came to his attention, he instructed the Ministry of Lands to put a caveat on that land.
A caveat by law is a notice issued to probate that certain actions may not be taken without informing the person who gave the notice.
Sakaja called on South B residents to give him time as the matter will be looked into.
“My administration will protect public lands, social halls, and public school properties. We will get the parcels and issue the title deeds.” He added.
The sentiments by the City administrator came a day after residents staged a protest accusing him of being silent on the matter and it is time for the county to intervene.
The residents stated that since being elected into office, Sakaja left them on their own and has never even stepped in the area even when they needed him most like during the fight for their market land being grabbed.
The issue has been on the radar of the Directorate of Criminal Investigations (DCI) who last year wrote to the county probing fraudulent transfer of the land.
DCI officers drawn from the Land Fraud Unit have been investigating to establish how the public land was transferred to Machua.
A letter from the Nairobi county government and seen by us confirm the land belongs to the public.
The County Assembly Planning Committee approved the cancellation of the title deed bearing machua’s name.
In October 2023, the Nairobi City County Assembly Committee on Planning tabled a report to ensure Nairobi South residents have their Makuti market land approving the cancellation of the title deed of a private developer who had grabbed the land.
Documents presented to the committee by the Urban Planning and Built Environment CEC were proven to be fake.
It was also discovered that the documents indicated they were signed by a sitting mayor in 2014, even though there was no mayor in office at that time.
It was established that the documents which the CEC had come with were fake as they indicated they were signed by a sitting mayor in 2014 whereas in 2014 there was no Mayor as Nairobi had a Governor.
The documents indicated that the land was acquired illegally and the title needed to read Nairobi City County.
“We have reached an agreement with the executive that the title deed of the private developer should be immediately revoked, and the land should be returned to the residents of South B.” Committee’s chairman Alvin Oland said.
Area Member of the County Assembly (MCA) Waithera Chege has been vocal calling for the revocation of the title deed in the name of Machua and the land be reverted back to the public.
“We are pleased because it has been confirmed that the documents are not genuine. The committee has decided that the land should be returned to Nairobi South residents.” Waithera, the Nairobi South MCA who doubles as and Deputy Minority Leader in the assembly said.
She mentioned that the land had been set aside for the establishment of a modern market in accordance with the Nairobi governor’s manifesto.
Documents seen by The Informer Media Group indicate that on December 4, 2018, the land (LR NO 209/12612) was transferred to a private developer, John Machua Waithaka currently an MP in Kiambu County but Nairobi County has never approved constructions to take place on the land.
The 0.7131 acres slightly below an acre which is an open space was set aside by the then County Council for public commercial use (market and shops.)
A counsel representing the residents moved to court to file a preliminary objection to the case being heard by the magistrate as the land valuing indicates the land is worth Sh200 million hence the magistrate lacks the jurisdiction to hear the matter.
The land remains unoccupied up to date and South B residents have staged multiple peaceful protests trying to reclaim back the land.
On her part, Waithera alleged that a cabal of shadowy people was using former Members of Parliament in Nairobi county to organise and cause violence in their ward over the land and added she has since informed the police.
Waithera called upon the Inspector General of Police Japhet Koome to withdraw police officers manning the contested land.