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{
    "id": 710824,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/710824/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Hon. Kihagi",
    "speaker_title": "",
    "speaker": {
        "id": 2481,
        "legal_name": "John Karanja Kihagi",
        "slug": "john-karanja-kihagi"
    },
    "content": "refused with them. This begs the question how the Chairman of NLC came to the conclusion that the land in question actually belonged to Mombasa Cement? It is clear that the NLC Vice-Chair who had initially been tasked to investigate these documents and submit a report to the Committee was irregularly removed from that task and it was given to junior officer, Mr. Cyrus Kiogora Mburugu. Mr. Mburugu was tasked to be briefing the Chairman in person. We noted that by the time the letter was being written by the Chairman of NLC to the County Government of Kilifi, there was no Commission meeting which ratified the findings of Mr. Mburugu. The Committee concluded that, that was a personal conclusion by the Chairman and not a commission’s decision. Mombasa Cement Limited went ahead and sued the Committee and indeed Parliament that it has no legal jurisdiction to investigate the matter. This was not done in good faith because the Constitution gives this Committee and Parliament power to summon anybody to give evidence in a matter that is in public inquiry. So we found that, that was not in good faith and the company has in most cases engaged in mischief. The County Government of Kilifi went ahead and demolished the perimeter walls that had been constructed by this company around this land. In most cases, the company was surrounding this property with walls contrary to the provisions of the County Government Act and any other development control laws that permission be given before construction is done. We also found that the company had gone ahead and illegally persuaded members of Mbambani Settlement Scheme, who had been allocated land, to sell to them land at a throw away price some of it fraudulently, and as we speak now a huge portion of Mbambani Settlement Scheme which was given to squatters has been annexed to the Mombasa Cement land escalating the problem of land ownership and squatter settlements within Kilifi County. With these observations the Committee felt that it was bound to make some recommendations that if adopted by this House are going to ensure that the pubic especially the squatters around Kilifi area are not disenfranchised by this company. Now that we have passed the Community Land Act, that public land will become community land and its ownership will revert back to the people of Kilifi County. We are proposing that the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigation (DCI) conducts a forensic audit of all the documents that are in the possession of Mombasa Cement Limited and establish the individuals involved in the fraudulent preparation. This is because we were able to prove that there were a lot of inconsistencies in these documents to an extent that we believed they were fraudulently held. The investigation should produce all those found culpable in this fraud of ensuring that public land went to individuals. Dr. Mohamed Swazuri should be investigated together with Mr. Cyrus Kiogora Mburugu with a view to establishing whether they have abused office by conducting investigations in the manner they did and writing to the County Government of Kilifi, proving that Mombasa Cement actually owned the land whereas they claimed that they did not access proper documents. Mombasa Cement and its directors should be investigated because they must have colluded in preparing the documents. There must have been instigators of the corrupt activities, especially on Land Parcel Nos.290, 289 and 3546 to the extent that we found them to be fraudulent. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}