DCI investigates controversial ownership of Sh1.2 billion NHIF land in Karen
A lot is happening over the ownership of a Sh1.2 billion plot of land in Karen, Nairobi, owned by the National Hospital Insurance Fund (NHIF).
This came after the Directorate of Criminal Investigations (DCI) made an unexpected declaration stating that one Peter David Leparakwo is the rightful owner of the 23-acre plot of land.
However, in order for the ownership to be overturned, the Ministry of Land must also investigate and implement the recommendations.
According to the DCI’s letter to the Director of Survey, the land belongs to Leparakwo.
According to the DCI letter, the NHIF and three other organizations have fraudulent documents.
“The evidence was found to have been demonstrated by Title Deed IR. No. 152577 and LR.24968/2 registered in favour of Peter David Leparakwo which investigations affirmed to be then registered proprietor of the land,” the letter dated September 16, 2021 reads in part.
It stated that investigations on all documents provided and witnesses interviewed have upheld and supported Leparakwo’s claims, whereas the rest of the claimants have been cited for offences such as fraudulent conspiracy, forgeries, utterings, abuse of office, and other offences centred on open greed, which formed part of the complicity.
“The Director of Survey is therefore advised to expunge any records purportedly submitted without the instructions Peter David Leparakwo, who is the bona fide proprietor,” says the letter signed by P.M Kayemba.
It requested that the ministry facilitate Leparakwo’s transaction.
“By way of this letter, you are therefore advised to act accordingly as required by law for purpose of allowing the registered owner to transact accordingly.”
PROCESS TAKES LONGER
The Ministry of Lands officials said they are aware of the letter but will conduct their own investigation.
They added that the case is still in court and may take longer to resolve.
Kasikazi Limited sold the land to NHIF in 2002 for Sh98 million.
Fredrick Kimemia Kimani, a director of Cirtex Kenya Limited and Crownline Freighters, has also claimed the plot next to the Deputy President’s official residence.
Leparkwo had presented documents to a parliamentary watchdog committee in 2018 claiming ownership of the disputed land, LR number 24962/2, which is currently valued at Sh1.2 billion.
In 1982, he claimed to have inherited the land from a white settler who was a former employee of his former employer, A.J. Faulkner and Sons Limited.
In February 2021, Leparkwo lost an attempt to be declared the legitimate owner of the land after filing a case at the high court’s Judicial Review Division seeking exparte orders.
Justice Pauline Nyamweya dismissed the case a day after Leparkwo filed it, claiming that it was an abuse of the court system because the ownership dispute was still pending before the Environment and Land Court.
Two ownership cases are still pending in court.
In April 2018, NHIF placed a caveat on the land, stating that it is involved in a legal dispute with a private firm and that the land is not for sale.
According to the notice dated April 1, 2018, the property has not been subdivided or alienated, nor has it been offered for sale by the Fund, as it is the subject of litigation in the Environment and Land Court (ELC).
“The parcel of land known as LR No 24968/2 is public land that is solely vested in the name of the NHIF.” It has come to the Fund’s attention that parties who claim to have been allocated the land have “now and in the recent past, offered the same for sale and/or letting or advertised purported ownership thereto,” according to a public notice published in the dailies.
In the court case, NHIF stated that it purchased the property from Kaskazi Ltd in 2001 with the intention of establishing a resource centre before Crownlife Freighters laid claim to it.
The NHIF’s planned construction of a Sh22 billion specialized medical centre never got off the ground.
In 2011, a civil suit was filed.
