A parliamentary inquiry into a 37-year-old land transaction along Lenana Road, Nairobi, has uncovered a series of irregularities, including a disputed property transfer, a suspiciously short transaction timeline, questions surrounding the death of a key suspect and the use of a ghost law firm.
The National Assembly Departmental Committee on Lands, chaired by North Mugirango MP Joash Nyamoko, has turned its attention to the 1989 acquisition of a 1.5-acre parcel identified as LR No. 209/324/3, originally associated with the estate of the late Rosita Chettyar.
The committee heard that the property was sold to Opus Investment Limited before being transferred to the National Social Security Fund (NSSF) within days for KSh63 million.
What has raised concern among lawmakers is that the property had been valued at approximately KSh26.25 million, meaning the eventual purchase price was more than twice the stated valuation.
The committee has now asked the Directorate of Criminal Investigations (DCI) to deepen its scrutiny of the transaction and establish how the deal was executed and whether public officials or other insiders could have facilitated the fraud.
Questions Over Speed of Transaction ¶
During the hearing, Nyamoko questioned how such a substantial land transaction could have been completed within only a few days at a time when land records were largely maintained manually.
The committee chairman said the speed at which the transaction was processed was itself a major red flag that required explanation.
“We are just looking at the timing. Something that is done within three to four days in a system which is docked with so many inefficiencies,” Nyamoko remarked.
He questioned whether the unusually fast completion of the transaction was normal, particularly when considered alongside other concerns emerging from the investigation.
Mystery Surrounding Key Suspect's Death ¶
Lawmakers also raised questions about Abdul Shakoor Sheikh, whom investigators identified as an individual involved in the disposal of the property.
According to DCI records presented to the committee, Sheikh left Kenya for India on April 3, 2010, and reportedly died in Dubai exactly one month later, on May 3, 2010.
The circumstances surrounding his death and the absence of sufficient documentation have now become another area of concern for the committee.
Committee Vice-Chairperson Fatuma Jehow, the Wajir MP, questioned the timing of the death and the lack of a death certificate in the records presented to lawmakers.
“What a coincidence. Just a month later, same date, same year, a difference of 30 days,” she observed.
Jehow said the information contained in the investigative report was not sufficiently conclusive and demanded proper verification of the suspect's death.
The investigation also uncovered another striking issue concerning the legal documentation surrounding the land.
The committee was informed that Johar and Company Advocates, the law firm associated with the original transaction dating back to 1968, has no record of having existed, according to information from the Law Society of Kenya.
The revelation prompted further questions over how transactions involving the property were documented and whether fictitious legal entities may have been used to facilitate the dealings.
Kitui South MP Rachel Nyamai described the situation as deeply concerning, particularly given that the original landowners were intimidated and prevented from pursuing questions about their property.
“Someone did a deal using somebody's land and decided to use a company that does not exist,” Nyamai said.
She questioned how an innocent landowner could have been pushed aside while transactions involving their property continued without adequate institutional intervention.
DPP File Remained Dormant ¶
The committee further heard that an investigation file forwarded to the Office of the Director of Public Prosecutions (ODPP) in 2019 remained inactive for about four years after investigators were instructed to await further communication.
The delay has raised additional questions about how the case was handled after investigators completed their work and whether opportunities to pursue those implicated in the irregularities were lost.
The committee is now demanding greater clarity from the investigative agencies, particularly on the trail of documentation supporting the original land transaction and subsequent transfers.
DCI Ordered to Produce Original Records ¶
The Lands Committee has directed the DCI to produce original signed investigation reports and verified records concerning Sheikh's reported death as lawmakers continue their inquiry.
The committee is also seeking to establish whether there was insider collusion in the transaction and how NSSF ended up paying KSh63 million for land valued at KSh26.25 million.
The inquiry places renewed attention on a land transaction dating back decades but whose implications continue to raise questions over public funds, land ownership and institutional accountability.