Kenya Insights

Tag: Nixon Korir

  • Land Scandal: Petitioner Claims PS Korir, MP Ole Ntutu Received Sh550M in Dupoto Compensation Scheme

    Land Scandal: Petitioner Claims PS Korir, MP Ole Ntutu Received Sh550M in Dupoto Compensation Scheme

    A major legal battle is unfolding over the controversial Sh2.75 billion compensation paid to members of the Dupoto/Dafur Settlement Welfare Scheme for their land in Lang’ata, Nairobi.

    According to court documents filed by a lobby group, high-ranking government officials allegedly diverted hundreds of millions from the compensation funds.

    Francis Awino, President of the Concerned Citizens lobby group “Bunge la Wananchi,” has filed a petition claiming that Lands Principal Secretary Nixon Korir and Narok South MP Silvester Kitilai ole Ntutu received Sh300 million and Sh250 million respectively from the compensation package.

    Secret Legal Switch Alleged

    Court papers allege that PS Korir orchestrated the secret replacement of Thomas Letangule, the members’ original lawyer, with two new firms: Johnson and Partners LLP and Sankale & Co Advocates.

    According to Awino, this substitution happened “unprocedurally, unlawfully, and secretly with the help of senior state officials” on October 31, 2023.

    The petition claims scheme members were later informed that 38 of their 93 acres would need to be surrendered or they risked not receiving their title.

    By that point, Kenya Railways had already processed a land transfer of 55 acres through the new law firms, and the Sh2.75 billion compensation had been disbursed.

    Follow the Money

    The court documents provide a detailed breakdown of the alleged fund distribution:

    – On December 16, 2023, Sankale & Co. Advocates received Sh1.246 billion
    – Johnson and Partners LLP received Sh1.5 billion
    – Within two days, the money was allegedly distributed to at least 11 beneficiaries
    – Recipients included Nick Ndenda & Associates (Sh112.25 million), Moniket & Co. Advocates (Sh155 million), and MP Ole Ntutu (Sh250 million)
    – On December 19, Sankale & Co. Advocates allegedly withdrew Sh181 million in cash

    Despite the multi-billion payout, scheme members reportedly received only Sh250 million combined, with individual payments ranging from just Sh50,000 to Sh2 million.

    Letangule Left Empty-Handed

    The petition further alleges that Thomas Letangule, who had represented the scheme for six years, was entitled to Sh80 million in legal fees but received only Sh2 million, with scheme trustees allegedly diverting the remainder.

    Intimidation Tactics

    The court documents contain serious allegations against MP Ole Ntutu, claiming he received Sh250 million despite having no ownership stake in the scheme.

    “He was heard, on several occasions, stating that he had direct instructions from the President of the Republic of Kenya to settle the matter, a claim which turned out to be a ploy to intimidate the plaintiffs,” Awino states in his affidavit.

    Legal Action and Investigations Sought

    Awino is asking the High Court to recover the allegedly embezzled funds from PS Korir and MP Ole Ntutu.

    The petition also calls for investigations by the Ethics and Anti-Corruption Commission, the Director of Public Prosecutions, and the Directorate of Criminal Investigations.

    This case represents the second legal challenge filed against the PS and MP over alleged embezzlement of the scheme funds, following a similar suit by prominent attorney PLO Lumumba.

    The case is scheduled for mention before Justice Lawrence Mugambi next month. No responses have been filed in court so far.

    With Kenya Railways having already taken over 55 acres of the land, Awino is urging immediate court action to prevent the remaining 38 acres from falling into “unknown hands.”​​​​​​​​​​​​​​​​

  • Uhuru-Era Land Cartel Regroups to Challenge Chief Lands Registrar Appointment

    Uhuru-Era Land Cartel Regroups to Challenge Chief Lands Registrar Appointment

    In a bold move to reclaim influence, the notorious land cartel from the Uhuru Kenyatta era is making headlines again.

    Kenya Insights reports that this cartel, infamous for orchestrating massive land deals at the State Department for Lands and Physical Planning, is now backing a legal battle to appoint their preferred candidate as Chief Lands Registrar.

    Land Cartel Regroups
    [Photo: Nairobi News]

    Land Cartel Regroups to Regain the Influence It Enjoyed During Uhuru Kenyatta’s Era

    During Uhuru Kenyatta’s presidency, the Lands Ministry faced numerous scandals involving billions of shillings.

    A powerful cartel orchestrated these scandals, manipulating the system for their selfish gains.

    Peter Mburu, their favored candidate for the Chief Lands Registrar position, had close connections with former Lands PS Nicholas Muranguri.

    Despite these ties, the authorities initially rejected Mburu for the role. This rejection forced the cartel to reassess and devise a new strategy to achieve their objectives.

    Determined to maintain their influence over the ministry, the cartel began maneuvering behind the scenes.

    They lobbied key officials, used their extensive network to exert pressure, and sought alternative ways to install their candidate.

    These efforts highlighted the cartel’s resilience and its commitment to protecting its interests within the ministry.

    The ongoing corruption scandals underscored the significant challenges faced by the land ministry during this turbulent period, reflecting the pervasive corruption and the lengths to which this cartel would go to retain power.

    Changes Under William Ruto’s Regime

    When William Ruto’s regime began, significant changes transformed the lands ministry. Alice Wahome’s appointment as Lands CS and Nixon Korir’s as PS marked the start of a new era.

    The ministry’s offices across the country were designated as protected areas, guarded by extensive police security similar to that of airports.

    This measure effectively blocked cartels from accessing and manipulating title deeds. Authorities arrested several individuals, including lawyers, who were caught with dubious land titles.

    These changes aimed to curb corruption and restore integrity within the ministry, signaling a determined effort to eliminate the pervasive influence of cartels.

    Land Digitization as Land Cartel Regroups

    The current Ruto administration’s digitization of land records has further complicated matters for the cartel, leading to their regrouping.

    In a desperate bid to regain control, they financed Peter Mburu’s court challenge to secure the Chief Lands Registrar position.

    Legal Battle and Court Rulings

    Former Land PS Nicholas Muraguri

    However, Mburu’s appointment faced resistance. Secret reports from state security agencies deemed him unfit for the role, leading to the Public Service Commission (PSC) initially blocking his appointment.

    Instead, David Nyandoro was named Chief Lands Registrar, a decision met with fierce opposition from the cartel.

    The cartel responded by raising funds for a court battle, culminating in a High Court ruling that declared Nyandoro’s appointment null and void, upholding Mburu’s claim to the position.

    The court’s decision mandated the Principal Secretary of the State Department for Lands and Physical Planning to formally appoint Mburu as Chief Lands Registrar, effective from September 28, 2023.

    Public Service Commission’s Role

    Despite the ruling, the PSC’s letter, reference PSC212211PSC21/2/12, dated September 28, 2023, reasserted Nyandoro’s appointment, leading to further legal wrangling.

    The court issued a permanent injunction restraining PS Nixon Korir and CS Alice Wahome from subjecting Mburu to unfair labor practices.

    Court Declarations and Orders as Land Cartel Regroups

    The court declared the delay in implementing the PSC’s decision as unlawful, violating fair labor practices and administrative actions under Articles 41 and 47 of the Constitution.

    It underscored that appointing Nyandoro undermined the PSC’s functions as established under Articles 243 and 233 of the Constitution.

    Ultimately, the court ordered Korir and Wahome to implement the PSC’s decision and appoint Mburu as Chief Lands Registrar, signaling a significant victory for the cartel.

    The implications of this ruling on the integrity and operations of the lands ministry remain to be seen.

    In conclusion, the regrouping of the Uhuru-era land cartel and their legal maneuvers to influence the appointment of the Chief Lands Registrar highlight ongoing challenges in Kenya’s land ministry.

    The outcomes of these court battles will have far-reaching effects on the ministry’s integrity and future operations. Stay tuned for further updates on this developing story.