Director of Public Prosecutions, Noordin Haji Members of the Mulinge Residents Welfare Association have written to the Office of the Director of Public Prosecutions Noordin Haji, urging him to intervene and save them from the jaws of a rogue land-grabbing cartel that seeks to unlawfully force them out of their property.
Through their lawyers from Rapando and Odunga advocates, the residents claim that the unholy trinity of Mr Ochillah Richard Asiyo, Mr Adan Ibrein Ibrahim and Mr Collins Odhiambo are part of a criminal cabal that wants to deprive and dispossess genuine land owners within Mulinge 3 Settlement Scheme at Mavoko in Machakos County.
The three individuals are reportedly working in cahoots with the Law Society of Kenya (LSK) Director of Public Interest and Deputy Secretary.
LSK purports to represent Ochillah Asiyo as a legitimate informant, complainant and land owner vide its letter dated 23rd December 2022.
The association, whose membership comprises at least 120 property owners and residents notes that the contents of the said letter were not only misleading but also contain false narration. “Our instructions are that Mr Ochillah Richard Asiyo and Mr Adam Ibrein Ibrahim are not and have never been owners of any given parcels of land within Mulinge Settlement Scheme and consequently lack the capacity to originate any request for investigation either alone or in cahoots with the Law Society of Kenya,” the letter to Noordin Haji reads in part.
Adding: “ It is rather unfortunate that a statutory body such as the Law Society of Kenya would purport and actually pass out a fraudster such as Mr. Richard Ochila as a genuine land owner and in so doing blackmail genuine public officers and other persons as cartels and goons.” The petitioners further note that Mr Richard Ochillah is already facing criminal prosecution for a number of offences that range from robbery with violence, malicious damage to property and giving false information to persons employed in public service.
They claim that Mr Ochilah Asiyo attempted to illegally and fraudulently lay claim over the parcel of land identified as Mulinge Settlement Scheme plot number 686 which is registered as Land Reference Number 23105 against one Mr Richard Mutuku Mailu who was validly registered as the owner.
A case was filed against him in Mavoko Chief Magistrates Court.
While the court case in Mavoko Chief Magistrates Court ELC Civil Suit No. 28 of 2018 –Erick Mutuku Mailu v Richard Ochila was pending, Mr Richard Ochila fraudulently procured his registration as the owner of the suit property which was purportedly registered on 21st July 2020.
In a ruling delivered by the Chief Magistrate's Court in Mavoko ELC, the judge not only annulled the purported interest held by Mr Richard Ochila but also issued a permanent injunction restraining him from trespassing onto the parcel in question.
Consequent to the judgment dated 13th June 2022, the Ministry of Lands and Physical Planning revoked his purported title on 23rd June, 2022.
Despite this, Ochillah and his cartel continue to lay false claims over a number of vacant properties in Mulinge Settlement Scheme.
For instance, the residents note that in the disputed LSK letter, all the mentioned complainants and members of the public are not aware of the purported complaint.
Some of the named complaints are not even in existence. “Mr. Ngului James who has been represented by the Law Society of Kenya as complaint number 22 by the Law Society of Kenya died in September, 2022. It is inconceivable that Mr. Ngului James who died in September, 2022 would complaint to the Law Society of Kenya on 23rd December, 2022 and cause the issuance of the letter under reference long after his death,” the residents argue. View document