Members of the National Assembly Lands Committee have rejected a Directorate of Criminal Investigations (DCI) report on the ownership of a prime Lenana Road property, citing conflicting figures, missing details and gaps in the investigation.
The committee, chaired by Joash Nyamoko, directed the DCI to prepare a supplementary report after questioning the handling of transactions involving L.R. No. 209/324/3.
Gideon Ochanda raised concerns over the financial figures contained in the report, particularly transactions between Opus Investments Limited and the National Social Security Fund (NSSF).
Records show that Opus Investments conveyed the property to the NSSF Board of Trustees on July 3, 1989, for Sh63 million. The NSSF later transferred the property to the Department of Defence in 2002 for the same amount.
“We have conflicting information, and the figures being presented do not add up. We need to know which figures are actually correct,” Ochanda said.
Lawmakers also questioned why the investigation appeared to place much of its focus on Abdul Shakoor Sheikh, whom the DCI said had fled to India, while other people linked to the transactions had not been sufficiently investigated.
Paul Katana asked the investigators to explain the implications of their finding that the property had been sold in 1968 to Rosita Chettyar, the late wife of complainant Dave Joe Walter Mburu, by Abdul Shakoor.
“If the DCI has established that the land was sold to Rosita Chettyar in 1968, what is the way forward, what is the recommendation? What happens to Mr. Mburu and his quest for justice?” Katana posed.
Dekow Barrow termed the report “inconclusive and shallow”, arguing that it largely brought together documents from government offices without adequately investigating the ownership dispute.
“There are so many persons of interest for the institution to just zero down on one who got away. More needs to be done,” Barrow said.
Rachel Nyamai also questioned the quality of the report, noting that Mburu, despite his advanced age and frail condition, gave a more coherent account before the committee.
The MPs directed the DCI to investigate the 68-day conveyancing period between June 8 and August 15, 1989, including the advocates and other people involved.
Investigators must also establish the role of Caleb Koskei Kipingor, who was a director of Opus Investments for only 16 days during the property's purchase and subsequent sale to NSSF.
The DCI was further ordered to obtain from the Judiciary the contents of a High Court order registered as Entry No. 21 on December 15, 1988, and determine its connection to the conveyance to Opus Investments registered as Entry No. 27 on June 28, 1989.
A DCI representative said the file had been archived pending further direction from the Office of the Director of Public Prosecutions.
The officers assured the committee that the renewed interest would trigger a fresh review before they return to respond to further questions.
The committee wants the supplementary report to explain the discrepancies, identify all relevant persons of interest and recommend clear action on the long-running dispute.