A Nyandarua Chief has been embroiled in a land tussle running three decades.

Mawingo Location Lhief Milka Wanjiru has been accused of invading a private property belonging to Hannah Wambui, which her late husband was allocated after forfeiting a piece of land in Githunguri, Kiambu in 1984 for expansion of a school and police post.

The disputed land is in Mawingo Salient Settlement Scheme in Nyandarua.

For more than three decades, Wambui has been pursuing justice to repossess the 12-acre parcel identified as Nyandarua/Mawingo Salient/2069.

In 1984, the late Stephen Gathiru, husband to Wambui, was allocated the land as part of compensation after he forfeited his quarter acre plot.

He was one of the three families that were asked through a presidential decree to relocate to pave way for expansion of a secondary school and police post.

One year before Gathiru was allocated the piece of land through the Settlement Trust Fund (SFT), Wanjiru was completing her primary education at Kahuho Primary School in Mawingo.

“It is her father who even offered to transport the barbed wire that we used to fence our piece of land, and stored it for us,” Wambui told People Daily during an interview at her home in Ruai, Nairobi.

Wambui accused Wanjiru of invading their piece of land shortly after her husband died in 1991. Gathiru is the key allottee of the piece of land. However, Wanjiru also claims that the parcel belongs to her.

Sometime in early 1984, late President Daniel Arap Moi toured Kibichoi area, Githunguri in the then Kiambu district.

Moi wanted Kibichoi Secondary School, now J.G. Kiereini to have sufficient land for educational activities, and similarly Kigumo Police Post; both in Githunguri, be upgraded. “On September 21, 1984 Gathiru paid Kenya Shillings Six Hundred and Twenty Five (625) only as land deposit for plot No. 934 Mawingo,” the Ministry of Lands documents indicate. The amount was paid to SFT in Mawingo Scheme.

In numerous correspondences including at the Lands Ministry, Directorate of Criminal Investigations, the Ombudsman and individual testimonies, it is reported that Gathiru fenced his plot, planted trees and crops, and built a semi-permanent house.

However, trouble started after he died in 1991 even before settling the money needed by SFT to facilitate complete transfer of the property.

“On unspecified date after Gathiru passed on, the plot number was changed from No. 934 to 2096 and the name of Mr David M. N. Watari, former Land Adjudication and Settlement officer inserted as the new owner,” a letter written to the Director, Land Adjudication and Settlement reads.

Full amount

The letter was signed by a Sammy Wekesa on behalf of Permanent Secretary, Lands and copied to the Director of administration, District Land Adjudication and Settlement Officer, Nyandarua, District Commissioner, District Officer and chief.

However, Gathiru and his family, according to the letter, never settled on the land.

Interestingly, according to the Ministry of Lands, Wanjiru moved to the piece of land and claimed ownership.

Ministry says she demolished the semi-permanent house and started replacing the fence which had been erected by the late Gathiru. The chief, a mother of four, however, contests that she settled on the piece of land by virtue of her marriage to Daniel Nyoori, whom she claims stayed on the property with their larger family. Wanjiru further claims the land was originally plot No. 906 and four squatters were living there. It is reported that in 1990, Nyoori and some family members relocated to settle in Elgeyo Marakwet.

“I was left with my brother in law, Hosea Njuguna. I remained behind because I had my business that I didn’t want to interfere with,” she said in a police statement dated August 14, 2014. She further claimed that in 2002, Mawingo Salient Settlement Scheme was subdivided into four portions; 2069, 2067, 2068 and 2070. “I was in 2069 and I remained on it after the sub-division. I remained on that piece of land with my brother-in-law and other occupants of 2067 and 2068 had already been given title deeds,” she said.

Sheds light

This prompted Wambui to launch a complaint. Wanjiru admits that on November 26, 2012 she was summoned by the Public Complaints and Resolution Committee together with Wambui to appear before it, in order to shed light on that issue.

“At the commission I was asked whether I had any documents regarding ownership of the said plot, but I didn’t have any….but to the best of my knowledge, the shamba I occupy is for SFT and I settled by virtue of marriage,” she said.

However, Wambui who was left to follow up on the detailed process of acquiring the property after her husband passed on presented a copy of title deed, letters of allotment and payment receipts of monies paid to the SFT.

“You are kindly requested to call at Settlement Office Mawingo for balloting on 27th June, 1984, at 9 am…This is in connection with the plots you donated for Kibichoi Secondary School and Kigumo Police Post expansion project. Please do not fail,” Wambui presented this letter written by the District Officer, Githunguri Division dated June 26, 1984.

Alongside this, she presented a letter of offer from the Land Adjudication and Settlement Department dated July 8, 2013, which stated that her application for a settlement plot had been successful.

“The government, through the Settlement Fund Trustees of Post Office Box No. 30449, Nairobi, a body corporate established under Section 167 of the Agriculture Act (Cap. 318) hereby offer you Plot No. 2069 of approximately 4.96 ha in Mawingo Salient Settlement Scheme in Nyandarua North District,” the letter of offer states.

During the interview, Wambui revealed that she is keen to repossess the piece of land as the actual owner, which she also intends to honour a sale deal she entered with Anne Gicho for purposes of refunding money advanced to her for treatment in India.

“It’s Njeri’s husband who took me to India for treatment where I spent a whole month in hospital costing me up to Sh2 million,” Wambui says. For the purpose of refunding the family, she opted to transfer the title deed of the piece of land to Mzee Gicho wa Ngina by form of sale.

In 2016 therefore, the transfer was completed with the issuance of Title Deed Number Nyandarua/Mawingo Salient/2069 of 4.96 ha size.

“This is to certify that Anne Njeri Gicho ID/5701666 is (are) now registered as the absolute proprietor (s) of the land comprised in the above mentioned title, subject to the entries in the register relating to the land and to such of the overriding interests set out in Section 28 of the Land RegistrationAct (No.3 of 2012) as may for the time being subsist and affect the land. GIVEN Under my hand and the seal of the Nyandarua District Land Registry this 28th day of April 2016,” C. M. Gichuki for land Registrar issued.

This puts almost the final conclusion that the piece of land belonged to the Gathirus who later sold to offset hospital bills, and several investigative agencies have concluded that Chief Wanjiru does not have a claim on the property.

One such body recommended for the chief’s investigation, prosecution and conviction is the Directorate of Criminal Investigation.

On April 8, 2016 responding to a letter by the County Commissioner, Nyandarua dated May 28, 2014 and the recommendation by the Directorate of Public Prosecutions, Nyahururu dated July 19, 2016 – to investigate Chief Wanjiru for several allegations of her illegal involvement over certain parcels of land in her location – the DCI Officer, Nyandarua North recommended that Wanjiru be charged with two offences.

“I therefore recommend that E-1 being Chief Milka Wanjiru be charged with forcible detainer and breach of trust by a person employed in the public service contrary to Section 127 of the Penal Code. Otherwise I stand to be advised,” J. Mugo for DCIO Nyandarua North wrote.