The National Land Commission (NLC) is implicated in sh600million fraud in form of unlawful compensation to illegitimate land claimants whom the Director of Public Prosecutions Keriako Tobiko has instructed they be prosecuted.
In a correspondence to the Directorate of Criminal Investigations in our possession, Tobiko ordered directors of Dopp Investments Limited be charged with the offences of making a document without authority, forgery and uttering false document.
However, the Muhammad Swazuri’s led commission had cleared payment of Sh667, 903, and 887 as land compensation in favour of Dopp in what investigators suspect to collusion between the suspects and top commission officials.
“I have carefully looked at the evidence on record and I am in agreement with your findings and recommendations that there is sufficient evidence to charge the directors of Dopp Investments Limited with the offences of making a document without authority, forgery and uttering a false document.”
A letter from Tobiko’s office reference number ODPP/CAM/2/883 reads in part. Dopp directors are accused of forging title deed plot No: MN/VI/1042 measuring 13.348 hectares in Mombasa as compensation for the construction of the Standard Gauge Railway (SGR).
According to findings by the DCI’s Ndegwa Muhoro’s office, the land belongs to Kenya Wool Investments Limited. The investigation report shows Dopp is owned by three directors; Harrishbhai Manubhai Khodabhai Khodabhai, Harshil Mahesh Patel and Maheshkumar Manubhai Patel.
The three are said to have made documents without authority contrary to section 357 (a) of the Penal Code, forgery contrary to section 345 as read with section 349 of the Penal Code and uttering a false document contrary to section 353 of the Penal Code.
NLC is on the spot over rampant cases involving hundreds of millions lost to underserving people involved in land fraud deals. NLC is also embroiled in a court battle over alleged planned irregular payment of sh2billion over a disputed land in Mombasa.
The land at the center of ownership was compulsorily acquired by the government for construction of the Standard Gauge Railway plot number 755/VI/755 bearing Title No. CR4151.
The commission has sanctioned the controversial payment in favour of African Gas and Oil Company Limited However, administrators of the Estate of James Kamau Thiongo said paying the said money amounts to offences of abuse of office and conferring a benefit under the Anti-Corruption and Economic Crimes Act since they are the legitimate owners.
Thiong’o family has already petitioned the Ethics and Anti-Corruption Commission (Eacc) and the National Treasury to halt the payment.
