The National Assembly's Lands Committee has opened an investigation into the disputed transfer of a 1.5-acre parcel of prime land in Nairobi's Kilimani estate, raising questions over how ownership changed despite court orders, a registered caveat and unresolved legal obligations that were meant to prevent any dealings with the property.
The inquiry stems from a petition presented by Mburu, who told lawmakers that investigations by the Directorate of Criminal Investigations (DCI) found evidence of fraud surrounding the 1989 transfer of L.R. No. 209/324/3 and recommended criminal charges against several public officials linked to the transaction.
Appearing before the committee chaired by Joash Nyamoko, the petitioner urged Parliament to ensure those responsible are held to account and to introduce laws that would compensate people who have lost land through fraudulent actions involving public institutions.
Mburu told the committee that he cooperated with a fresh DCI investigation launched in August 2021 by providing documents and recording a statement with investigators.
According to the petitioner, the investigating officer later obtained High Court orders through Miscellaneous Application No. E2618 of 2021 directing the Chief Land Registrar, the Director of Surveys, the Registrar of Companies, the National Social Security Fund (NSSF) and other custodians of public records to surrender documents relating to the disputed land.
He said the investigation concluded that both the land register and the 1989 transfers had been tainted by fraud, with officials at the Lands Registry and the NSSF Board of Trustees being implicated. The inquiry also recommended that those involved face criminal prosecution.
The committee also reviewed correspondence from the Ethics and Anti-Corruption Commission (EACC), which confirmed that Rosita Chettyar signed a valid sale agreement in 1968 to buy the 1.5-acre property from the late Abdul Raoof Sheikh.
Although the transfer was never completed because of outstanding charges and unpaid taxes, the EACC stated that Rosita had made payments towards clearing those obligations. Mburu argued that the payments created a protected equitable interest backed by a registered caveat and existing High Court orders.
He further told lawmakers that the land was nevertheless transferred in 1989 despite a court order registered in December 1988 that barred any dealings with the property.
Mburu cited findings by the EACC indicating that the transfers were processed without the required statutory approvals, including transfer consents, land rent and rates clearance certificates, the Commissioner's consent and a proper valuation before registration.
While acknowledging that the land now forms part of the Department of Defence complex, the petitioner said he is not seeking to recover the property.
Instead, he wants compensation based on the current market value of the 1.5 acres together with interest accumulated over nearly four decades. As an alternative, he proposed that the government allocate him land of equivalent value, with the compensation shared jointly by the NSSF and the National Treasury.
Beyond his own case, Mburu urged Parliament to establish a legal framework that would compensate victims whose land was lost through fraudulent actions involving public officers.
He also appealed for the return or replacement of the historical land injustices mechanism that previously existed under Section 15 of the National Land Commission Act, saying many victims have been left without an effective avenue for justice.
Committee Chair Joash Nyamoko assured the petitioner that lawmakers would fully pursue the matter."We are committed to seeing this case through, getting to the bottom of it and ensuring justice is served," Nyamoko said.
Members of the committee questioned how the disputed transfer was allowed to proceed despite the presence of a registered caveat, court orders and unresolved tax obligations.
Gitarie sought answers over the apparent failures within the land administration system that allowed the transaction to be registered.
Ali Wario called for urgent action and asked the Ministry of Lands to provide clear timelines on implementing recommendations arising from the investigations.
Thaddeus Nzambia said cases involving apparent fraud should not remain unresolved for decades, adding that agencies responsible for investigations and prosecutions should take action wherever evidence exists.
The committee resolved to summon the EACC, DCI, the Ministry of Lands and other relevant agencies to explain why the matter has remained unresolved for more than 30 years and to establish where accountability lies.
The hearing, however, ended prematurely after Lands Principal Secretary Generali Nixon Korir failed to appear before the committee to respond to the petition and other scheduled agenda items.
Lawmakers adjourned the sitting and directed that officials from the Ministry of Lands return before the committee at a later date to answer questions surrounding the disputed property.