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Land Fraud in Kenya

Detectives from the Directorate of Criminal Investigations (DCI) have arrested a Nairobi-based lawyer over allegations that he fraudulently diverted KSh49.4 million entrusted to him for the purchase of a parcel of land in Nairobi.

The suspect, identified by the DCI as Ally Ahmed Ally, was arrested by detectives from the DCI Nairobi Regional Office within Kilimani Sub-County and is under investigation for the offence of stealing by agent, contrary to Section 283(b) of the Penal Code.

According to investigators, the lawyer, who practises under the firm Rasheed Rage and Nassir Advocates, is accused of unlawfully converting money that had been entrusted to him to facilitate a land transaction.

Money allegedly diverted

The DCI said investigations established that the complainant entrusted the advocate with KSh49,400,500 on various dates between November 16, 2023, and January 3, 2024 to facilitate the purchase of a parcel of land in Nairobi.

However, detectives allege that instead of applying the funds to complete the intended transaction, the suspect diverted the money and converted it to his own use.

“The complainant entrusted the suspect with Sh49,400,500 on diverse dates between 16th November 2023 and 3rd January 2024 to facilitate the purchase of the land. However, instead of applying the funds for the intended transaction, the suspect allegedly diverted the money and unlawfully converted it to his own use,” the DCI said in a statement.

Awaiting court appearance

Police confirmed that the advocate is currently in lawful custody as investigators complete processing before arraigning him in court.

Authorities did not indicate whether any of the money had been recovered or whether additional suspects were being pursued in connection with the alleged scheme.

The DCI said investigations remain ongoing.

Growing scrutiny of property transactions

The arrest comes amid increased scrutiny of fraudulent land transactions and alleged misuse of client funds within Kenya’s property sector.

Land fraud remains one of the most common forms of economic crime investigated by the DCI, with disputes often involving forged ownership documents, double sales, fraudulent transfers and the alleged misappropriation of purchase funds by individuals entrusted to facilitate transactions.

Legal experts have consistently advised buyers to carry out comprehensive due diligence before purchasing land, including verifying ownership records at the Ministry of Lands, confirming the authenticity of title deeds and using reputable advocates to handle conveyancing transactions.

Lawyers bound by fiduciary duty

Under Kenyan law, advocates who receive money on behalf of clients are required to hold those funds in trust and apply them strictly for the purpose for which they were received.

Failure to properly account for client funds may expose an advocate to both criminal prosecution and disciplinary proceedings before the Advocates Disciplinary Tribunal, depending on the circumstances of the case.

The latest arrest is expected to renew debate over accountability in high-value property transactions as investigators continue pursuing economic crimes involving land purchases and alleged breaches of professional trust.

The DCI has urged members of the public with information relating to economic crimes or fraud to report the matter through the nearest police station or anonymously via its toll-free hotline and WhatsApp reporting channels.

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Former Tigania East Member of Parliament Josphat Gichuge Mwirabua Kabeabea

Detectives from the Directorate of Criminal Investigations (DCI) have arrested former Tigania East Member of Parliament Josphat Gichuge Mwirabua, also known as β€œKabeabea,” in connection with an alleged land fraud scheme involving more than KSh56 million.

The former legislator, who also previously served as Chairman of the Anti-Counterfeit Authority (ACA), was apprehended by officers from the DCI Headquarters’ Land Fraud Investigations Unit (LFIU) following investigations into multiple complaints from investors.

According to investigators, the first case dates back to 2016 when several investors purchased plots measuring 50 by 100 feet through Diamond Property Merchants (DPM) Ltd, a company linked to the suspect.

The complainants reportedly entered into individual agreements with the company and deposited payments directly into company bank accounts.

Police say the investors collectively paid approximately KSh16.4 million for the parcels of land located in Kajiado County.

However, the buyers later discovered that the land had allegedly been transferred to other individuals without their knowledge, while subdivision of the property was reportedly carried out without their consent.

The matter was subsequently reported to authorities, triggering investigations by the DCI.

Following completion of the inquiry, detectives forwarded the investigation file to the Office of the Director of Public Prosecutions (DPP), which approved charges against the suspect for obtaining money by false pretences.

In a separate but related case, additional complainants accused the suspect and Diamond Property Merchants Company Ltd of advertising parcels of land in Kajiado that were allegedly to be developed with greenhouse projects.

According to investigators, investors paid various amounts totaling approximately KSh40.1 million after being promised title deeds and greenhouse installations.

Police say neither the title deeds nor the promised greenhouse developments were delivered.

As investigations progressed, the DPP approved further charges against the former MP.

Authorities revealed that when summoned to appear in court, the suspect allegedly failed to honor the summons, prompting the Chief Magistrate’s Court in Kajiado to issue a warrant for his arrest.

Detectives later tracked and arrested him in an operation conducted on Tuesday.

The suspect is currently in police custody undergoing processing and is expected to be arraigned before the Milimani Law Courts before being transferred to Kajiado Law Courts, where the arrest warrant remains active.

The case has once again drawn attention to persistent land fraud cases in Kenya, where unsuspecting investors continue to lose millions through fake property deals and disputed ownership transactions.

The DCI has urged Kenyans to exercise caution when purchasing land and to conduct thorough due diligence before investing in property developments.

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Most land-selling companies have been swindling unsuspecting innocent buyers for decades and we can report that the Kiambu land-buying/selling company Finsco Limited is no better.

What even makes it worse, is the possible involvement of the Principal Secretary in charge of irrigation PS Kimotho Kimani.

Documents in our possession show that the controversial and suspiciously philanthropic company owned by Mr. Mwaura among others who includes a sitting PS in the Ruto administration, has lately been selling hot air in the ongoing Murang’a plots, LR number 10875 owned by Hatwara estate limited. It’s not the first time the PS is involved in land-buying schemes as he was also in the β€œLegacy ” project.

The documents shows finsco Africa, faked a land search documents to push for a change of use for the 200 acre piece of land in the project named finsco limited Thika Grove Chania project, previously meant for agricultural purposes at the Muranga county government with the help of two CECs who gave the county Governor, Hon Irungu Kangata, misleading advice.

What is more worrying is that the land-selling company has been swindling unsuspecting victims where they pay for plots but can’t access them as most of these lands are still not ready for subdivision.

In the Muranga land, the owner had a loan with CFC bank of around 365 million shillings which is yet to be cleared for the bank to release the title deeds and hence the reason Mr. Mwaura had to fake a land search with the help of a Muranga CEC,Mr. Paul Mugo who previously worked for finsco limited, for the change of use.

Several complaints have been sent to the DCI offices along Kiambu road for investigations with reports indicating finsco limited ownership has bribed its way around the office and no arrests have been effected so far.

It’s yet to be clear how long Kenyans will continue being swindled by these land-selling companies with memories of the recently Gakuyo investments scandal still fresh in their minds.

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