Trail of blood and tears in pursuit of a title deed

Moses Kuria Waithaka counts losses.

He has lost blood, teeth and even property over the last 20 years that the Sowesava Self Help Group has fought for a piece of land in Nairobi’s Donholm area.

Over the years, goons, policemen and other hirelings have attacked him for many reasons as he sought to find a resolution to a matter that has seen many parties take part in with no end in sight.

Waithaka, (not real name) like many others on this piece of land identified as 82/7333 have encountered strangers in shifts and eras as they protect a piece of land that rightly was rightly allotted vide official documents to Sowesava in 1998.

“It is painful. We live in real poverty while a rich man somewhere in Karen sleeps in peace and joy that he has made life difficult for us. You can imagine that any time we are seen here; a group of people, sometimes from a neighbouring country attack us. We report the matter to the police and after two hours, they are released,” says Waithaka of the tribulations the members of the group have encountered.

Under such circumstances, the Sowesava Group members have been exposed to a powerful cartel of land grabbers who have vowed to block their legitimate ownership of he land that was cleared by the old provincial administration.

Back in 2002, Wesley Cheruyiot wrote to the defunct Nairobi City Council advising them to regularise the land and have the process initiated to complete a process that was to convert it to a public utility. Sadly, the parcel of land in question was claimed by Continental Developers and no one knows how it later changed hands to Gidjoy Investments, a company associated with a managing Director of a leading bank in the country.

In stead, it had been a tale of with chronological breakdown of the events that lead to the non-implementation of the process, which has admittedly been littered with sweat, blood and tears for the honest members of this self help group.

In the process of these chaos, seven high court judges have adjudicated on the case, offering a dimension that clearly proves that Sowesava, a group of squatters from the sprawling Kayole and Soweto Estates are the legitimate owners.

In 2003, Judge GBM Kariuki issued restraining orders from invasion and evicting of the squatters until the case was heard and determined after Continental Developers allegedly laid claim to the land. In the same year, Judge Rimita ruled that Continental Developers should be refrained from demolishing houses in Embakasi. Orders were that Court rulings should be respected at all times.

However, the case took a different twist when Lady Judge Joyce Aluoch, currently working at the International Criminal Court dismissed the case. Judge Aluoch dismissed with costs after the Judge ruled that there was lack of prosecution in the case, ruling was in favour of Jua Kali and Sowesava and other squatters on the piece of land 82/7333.

In 2004, Judge Paul Mugo also ruled in favour of Sowesava after Continental Developers made another attempt on the land in question.

Current AG Paul Kihara in 2006 adjudicated on the matter, which was in favour of the Jua Kali Association, one of those adjoined with Sowesava. Justice Msagha Mbogholi in 2009 ruled that Continental Developers did not serve the summons and it was an abuse of the court process and there was no prosecution instigated by them.

Somehow, after this, the case went dead for a while and it emerged when Gidjoy Investment laid claim to the land, this time, claiming to have bought it from its original owners Continental Developers.

A look through and search at the Registrar found that Gidjoy Investments is owned by one of the biggest corporate names in the banking world alongside his wife, something that reinforces the squatters pursuit for the land. The forces they are fighting are legend.

“This bit of the case really confuses. The land in question belongs to the County Government and there is no way the land could have changed hands almost immediately to private ownership. I have in my life never seen such a matter being prosecuted. IN simple terms, those laying claim to this land are powerful and placed in high positions and ready do anything within their means,” said the chairman of the group Alex Shihemi.

Strange still, three officials of the group have died under mysterious circumstances. The chairman, vice-chairman and treasurer of the group have all been murdered and found dead while offering the noble duty of making the records of ownership right for the piece of land.

In 2002, then Town Clerk John Mbugua wrote a letter requesting for the squatters to re resettled on the land and wanted its formalisation and the registration of Jua Kali, Kwa Moraa, Vumilia, Riverside and attached a ruling by Justice Aluoch.

Later in 2007, J Tanui, director in charge of investigations at the Nairobi City Council asked Continental developers to surrender 20 per cent of 1200 acre for the settlement and development of the intended purpose.

In 2008, Town Clerk John Gakuo recommended the settlement of the squatters of Savannah Jua kali on Land 82/7812.

In the process, Sowesava Self Help Group Chairman Alex Shihemi has been active in the whole process, including the removal of illegal dumping that was officially applied for and effected by the county government in 2015 as a matter of public service. The CEC Land SG Mwangi approved the same in a letter dated 10/03/2015. This move was on the strength of a letter by the CEC Environment and Forestry who offered no objection to any such move.

On 4/05/2015, the Chief Lands Officer found no objection to the land given to Sowesava SH Group. It recommends for the settlement of Sowesava squatters.

Further on, the county secretary confirmed the status of the land as a public utility to the National lands Commission (NLC) chairman on 10/07/2015.

In a big shocker, the Nairobi County Government cancelled the illegal and fraudulent amalgamation that had been sought and acquired by Continental developers and ordered for it to be reverted to its original owners Sowesava and its original purpose as public utility be maintained.

The CEC lands P Odongo wrote a letter to Mohammed Swazuri confirming that the land belongs to Sowesava as its bonafide owners on 2/01/2016. The same information was communicated to Buru Buru Police urging them not to be party to the process of influencing the ownership of the land. Leo Njora, from the National Police Service (NPC) wrote a letter confirming to the police the status of the land amid accusations of interference.

The Ministry of Lands has over the years confirmed and identified the fraudulent and illegal amalgamation of the land in question against it said owners Continental Developers.

During a Public Hearing at the NLC offices, all interested parties were invited to the matter and suddenly, a new owner, Gidjoy Investment Company appeared. During the hearing those who attended included Kibuchi, Sowesava, Kitek Limited, Ruth Wanguru, Donholm Phase 5 and Oyster. All of these had purchased land from Continental or the many faces of Gidjoy/Continental Developers.

In the determination, the NLC informed the County Secretary Robert Ayisi of the same. The letter dated 14/11/2016 by NLC Chairman Swazuri confirmed the deliberations and that the land belonged to Sowesava and rejected all moves by Gidjoy/Continental to deprive the rightful owners of their land, including the illegal amalgamations.

In another investigative report by the director of investigation Paul Ndambuki dated 02/02/2018, confirms the fraud and directs that the county government proceeds and settles the squatters as per earlier directions and determinations. “Any other party claiming ownership was to be charged in court.

Sowesava lawyer Abwao Advocates has over the years written to the authorities about the arrests, intimidation and harassment by police and agents appointed by Continental Developers.