Broken dreams as victims pick up pieces
By Christine.Musa and Mercy.Mwai, October 19, 2023
Victims of the ongoing demolitions on the 4,268 acre piece of land owned by the East Africa Portland Cement Company (EAPCC) narrated tales of agony as they counted their losses, running into millions of shillings.
Many of the developers who had bought parcels of land on the controversial site as they came to terms with the losses they suffered following the demolitions, which entered the sixth day yesterday.
Victims who turned up at the Athi River Directorate of Criminal Investigations (DCI) offices to record statements demanded that the government goes after officials of land buying companies who duped the developers into purchasing the disputed plots.
During the investigations, victims were required to reveal in writing how they acquired the land, how much they paid, any available sale agreements, which mode of payment they used to pay and value of the development property demolished if any. Evidence of the claims including copies of the documents was required.
Devastated victims who expressed optimism that the detectives would help document their losses for possible compensation, narrated painful tales of the losses they incurred following the demolitions.
Many recounted how they were going to be forced to service outstanding loans amounting to millions of shillings, which they secured from various lenders to develop the plots.
“The ongoing investigations should be carried out beyond those who sold land to us. How comes banks were approving loans for us using fake documents?” questioned Francis Kavuu.
Kavuu is among leaders of a lower Eastern Musicians; self help group who bought two plots measuring 50 by 100 each with an aim of putting up rental apartments to generate income for members.
“We bought the two parcels at Sh800,000 from our chama savings. We had even increased the monthly contributions to enable us raise enough money for construction of the rental apartments in the next three years,” narrated Kavuu.
Bank transactions
Majority of the victims purchased the land through bank and Mpesa transactions to individuals or registered land buying societies. The buyers also had an option of paying the charged fees in monthly installments of upto 1year.
Interestingly, the ownership share certificates possessed by most victims are registered under Komarock Society while the firm which lost the 10-year old dispute to EAPCC is Aimi Ma Lukenya Society.
The signatories to the share certificates are known officials of Aimi Ma Lukenya Society with purchase prices varying according to the year one purchased the land or the number of times the land changed hands.
While some acquired the land for as low as Sh300,000 for a 50 by 100 parcel, others secured a similar piece of land for as much as Sh800,000.
Some of the victims say they are helpless having invested their lifetime savings to own homes.
Others invested retirement pensions on constructing rental houses to eke a living and educate their children.
Some who had bought the land early this month as evidenced in their bank transactions and date of ownership share certificate issuance had plans to set up either rental apartments or homes.
Electricity connection, well murramed roads and the existence of the mother title deed issued to the willing buyers seemingly attracting potential buyers now left to count losses.
Others blame the government for failure to act early enough to save them the agony and losses. According to them, the County Government of Machakos and the National Construction Authority (NCA) should have denied them construction permits because it would have raised a red flag over the land ownership.
Some of the victims narrated how they have found themselves in trouble with members of empowerment chamas they led as they try to convince them that there was no collusion between them and the land cartels.
One victim 28-year-old Justin Nyakundi yesterday turned up armed at the DCI offices with 13 share certificates, explaining how he bought three 50 by 100 plots as an individual four years ago at a tune of Sh1. 2 million. He bought the rest of the plots under the Nyamwash Investment Group comprising 20 members.
“I first got wind of cheap land on sale when I accompanied a friend to purchase the same. I got interested and hurriedly took out a loan and paid a down-payment for the three parcels before I cleared the balance on October 6.
“I was issued with my share certificates the same day. We had also bought 10 other parcels as a group of youths from Maringo Nairobi that is why I am here with other group members to present evidence,” narrated Nyakundi. Nyakundi also lost construction materials worth Sh400,000 to looters during the demolitions.
Jennifer Musau, another victim bought one acre at Sh1.8 million and was set to construct a palatial home.
“I am repaying a loan I took against my pay slip to buy the land. That means I will continue paying ‘air’. I am mentally disturbed. I just wish the government can pursue the fraudsters to compensate us,” said Musau.
The victims spoke as Wiper leader Kalonzo Musyoka was sucked into the ongoing saga surrounding the fraudulent sale of the land.
Government politicians
Six lawmakers from Ukambani region allied to the government yesterday demanded that Kalonzo alongside Machakos Governor Wavinya Ndeti be investigated so that Kenyans can know how much land has been allocated to them through proxies.
MPs Vincent Musyoka (Mwala), Caleb Mule (Machakos Town), Joshua Mwalyo (Masinga), Nimrod Mbai (Kitui East), Mwengi Mutuse (Kibwezi West) and Tabitha Mutinda (Nominated) claimed Kalonzo not only benefited from huge chunks of land belonging to Portland but also owns a substantial portion through proxies.
The MPs also demanded that the assets of those behind the racket should be attached to compensate the victims whose properties were demolished.
Said the Mwala MP: “Hon Stephen Musyoka, Hon Wavinya Ndeti and other leaders to be compelled to publicly declare what their private interests are in Portland’s land. They should also be investigated on how much land has been allocated to them through their proxies.”
Addressing a news conference at parliament buildings, the lawmakers said the mention of Kalonzo in the saga has nothing to do with the 2027 presidential race as it is being alleged.
They argued that Kalonzo would be beaten by President Ruto hands down should he fly the Azimio La Umoja flag as he is no match to him.
Not a Kamba issue
Led by Musyoka, the MPs said that Kalonzo and Wiper party are deeply entrenched into the saga as they are the ones who benefitted from huge chunks of land and later irregularly sold the said piece of land to innocent Kenyans.
They said that the Portland issue is not a Kamba issue as those who are affected are only about 10 percent compared to 80 percent from other tribes but a cartel of conmanship patronised by a few known politicians.
Said Musyoka: “The 5.5 million Kambas should not be incited to side with a few criminals, the crocodile tears from some leaders should be ignored by Kamba because those doing so are trying to be in solidarity with the people they stole from.”
Mutuse told the DCI to ensure all those behind the scam are held responsible for their actions and no one should be spared.
Mbai said he was shocked to see the name of the Mavoko lawmaker being linked to the scam yet there are other powerful individuals who also benefited from the land.
“It was a mafia arrangement, I was shocked to only see the name of Mavoko MP Patrick Makau, there are big names from the dominant party in the region behind Makau,” stated Mbai.
But speaking separately, Mwingi Central MP Gideon Mulyungi and Basil Ngui (Yatta) defended Kalonzo from any wrongdoing saying the smear campaign is informed by fear of the Kalonzo wave ahead of 2027.
“Demolition is orchestrated by the government. Everybody knows land grabbers in Kenya,” Mulyungi said.