The widow of Former Finance Minister Arthur Kinyanjui Magugu is now appealing to President William Ruto to assist her in an ongoing dispute about a piece of land in Muthaiga, Nairobi.
The widow appealed as she filed a case in court in a bid to recover land now in the hands of some city tycoons. In her petition, the widow indicated that her late husband’s parcel of land had been allegedly stolen by persons linked to Karura Investments Limited, through forgery of critical documents.
“I am appealing to President William Ruto to help me because years are passing by. I have no one else besides Ruto,” said Wairimu on Wednesday
Wairimu, represented by J. M Kariuki & Company Advocates, went ahead to provide the court with documents she said would support her petition.
She has also enjoined the Chief Lands Registrar and key government agencies including the Directorate of Criminal Investigation (DCI), Office of Director of Public Prosecutions (ODPP), and Director of Survey in the case.
The widow says she had been disadvantaged by the decision taken by state agencies not to act on the matter despite glaring irregularities in the purported takeover of her land. She says the signature purportedly belonging to a family member, that was used in the alleged transfer document was a forgery and that the Directorate of Criminal Investigations had confirmed the same when it launched investigations over the said land in 2018.
Wairimu had engaged the DCI to find out how Magugu’s parcel of land No. 12422/9 measuring 41.13 Hectares was subdivided into two parcels in October 1993, before it was transferred and registered in the name of Karura Investments Limited.
She said a portion measuring two Hectares was then processed in the name of Magugu, and another portion measuring 82 acres was transferred to Karura Investments Limited.
“The DCI has been unable to wrap up investigations 6 years later (to date) despite glaring evidence and recommendations made by the Investigating Officer to charge the Directors of Karura Investments Limited with forgery,” she said
“Failure by the DCI to act on the glaring evidence by prosecuting the Directors of Karura Investments Limited is in Violation of Articles 10, 27, 47 and 244 of the Constitution,” she told the court
The widow is also up in arms about the decision by the Ministry of Lands to issue a certificate of title on a forged transfer which she says violated her rights to own land.
In her court filings, Wairimu further claimed that the Director of Survey who had earlier flagged the subdivisions for being irregular violated Article 40 of the Constitution for not acting despite, recommending the cancellation of deed plans for being irregularly issued.
Through her lawyer, she says failure by the Director of Survey to act as per the letter addressed to the DCI is an abdication of his duty and a violation of her constitutional rights.
