Entry Instance

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{
    "id": 1763,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1763/?format=api",
    "text_counter": 287,
    "type": "speech",
    "speaker_name": "Mr. Ojode",
    "speaker_title": "The Assistant Minister, Ministry of State for Provincial Administration and Internal Security",
    "speaker": {
        "id": 197,
        "legal_name": "Joshua Orwa Ojode",
        "slug": "joshua-ojode"
    },
    "content": " Madam Temporary Speaker, I beg to reply. (a) On 19th May, 2009, the General Manager of M/s Swani Coffee Estate Ltd., Mr. Herman Njenga, reported that a company by the name Terra Flower Ltd. had fraudulently obtained land Title LR.No.304/5/1 and used the same to obtain a loan from the Bank of India. Investigations were commenced and the original certificate of title No.IR23995 and LR.No.305/1 dated 18th January, 1971 in the names of M/s. Swani Coffee Estate Ltd. was discovered to be at the Bank of India charged on a Kshs5 million on 6th April, 1987. At the same time, the re-conveyance used by Terra Flower Ltd. to obtain Kshs60 million was also discovered to be with the Bank of India. The complainant, Herman Njenga, confirmed that while the property was under Swani Coffee Estate, 100 acres were leased to M/s. Terra Flower Ltd. on 16th May, 2003 as per the Lease Agreement between M/s. Swani Coffee Estate Ltd. and Terra Flower Ltd. It is clear that after the property was leased to M/s. Terra Flower Ltd., it was eventually sold to them on 16th May, 2003 at a cost of Kshs27,375,000, which was to be paid within 24 months. The sale agreement was signed by the Chairman of M/s. Swani Coffee Estate Ltd., Prenshan Kanji Shah, who is now deceased. It was later confirmed that only Kshs3,024,530 was paid to M/s. Swani Coffee Estate Ltd. towards the purchase. Subsequently, M/s. Swani Coffee Estate Ltd. gave to M/s. Terra Flower an instrument of partial re-conveyance dated 16th May, 2003 for the company to borrow some money from the Bank of India. Thereafter, the Bank of India advanced a loan of Kshs60 million to the company which was never paid. As a result, the Bank of India went to court and obtained orders to auction the piece of land under charge. However, M/s. Swani Coffee Estate Ltd objected to the orders and went to High Court where they filed a civil case No.202/2008. The matter was then reported to the CID headquarters for investigation, as the Directors of M/s. Swani Coffee Estate Ltd disputed the signatures on the transfer document and the re-conveyance document. The signatures on both documents were subjected to forensic document examination which confirmed that they had been made by the same hand. (b) After the investigations, CID Inquiry File No.47/2009 was forwarded to the Director of Public Prosecutions (DPP) for perusal and advice. He directed that file be closed, no further police stations and parties to seek for civil remedy. However, the complainant was not satisfied with the DPP directives and the file was subsequently recalled by the DPP vide his letter CID/IB/ICCU/SEC/2/3/1 dated 27th October, 2011. We are still awaiting further communication from the DPP. (c) A Lands Fraud Section was established recently to deal with numerous land fraud cases in the county."
}