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"content": "(Hon. (Ms.) Shebesh): Therefore, the subdivision of L.R. No MN/III/3545 is illegal and the resultant L.R. Nos, CR and grant numbers are fictitious. This is evident from the Ministry of Lands, which has been a custodian of all the records of lands. Having asked the Chairman of NLC to also share with the Committee whatever information and whatever documents he relied upon in the letter he issued to Kilifi County, the Chairman came to the Committee several times, not less than three times, and in those times, he failed completely to provide the documents he relied upon to arrive at the letter he wrote to the County Government of Kilifi. From the foregoing, the Committee was left with no choice but to determine that he violated provisions of the First Schedule of the National Land Commission Act which requires him to act on the seal of the Commission. In that sense, he engaged in what in our opinion amounts to abuse of office. Therefore, the Committee was left with no choice but to recommend that he be investigated for that offence and if found culpable, be prosecuted. In all his dealings, he worked with only one lands officer who tried to falsify documents before bringing them to our Committee. Therefore, we included the name of Cyrus Kiogora Mburugu in the list of names of persons to be investigated together with the Chairman. We traced and we now know that the two main parcels of land, which today host Mombasa Cement were public land. There is no process that was presented before us to show that the Government legally alienated that land to any institution. We are left with no choice but to recommend that that land be reserved, made public land and the squatters who are on that land be allocated and settled there. To prove further that this was public land, in 1996, the Government allocated parts of this land to certain Kenyans. Mombasa Cement Factory, colluding with a former councillor whose name is Charles Munga, decided to connive and buy these allotment letters from the settlers further defeating the Government’s objective of settling people. They then alienated all that land to Mombasa Cement. As a Member of this Committee, I stand with the Committee’s recommendations and I would like this House to support and adopt this Report. I ask the Committee on Implementation to move swiftly and ensure that the recommendations of this Report are effected."
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