MY PERSONAL STATEMENT ON WHY THE EACC DIRECTOR OF INVESTIGATIONS, MR. ABDI A. MOHAMUD, IS FIGHTING ME OVER MY STAND AGAINST LAND GRABBING IN NAIROBI
Fellow Kenyans, as promised, here is the second and last part of the statement I issued earlier.
CASE N0.2: THE FRAUDULENT TRANSFER OF INTEGRITY CENTRE TO LAND GRABBERS WITH HELP OF A CARTEL INSIDE EACC
On 3rd June 2019, I saw a story on NTV 9PM News with the headline “EACC at pains to explain purchase of Integrity Centre at Ksh. 1.5B. I could not believe my eyes because, just the other day, the story had been in the news, after the property had grabbed by what the media called “shadowy persons.” The statement of EACC Commissioner Paul Gachoka that, as a procurement expert, he had queries on how the Commission undertook the sale without valuation also caught my attention.
Of course, as Governor of Nairobi County, my interest immediately shifted to whether the owners of Integrity Centre had been paying or had paid land rates prior to the sale. I discovered that they had not, but had used a fake Rates Statement of City Council of Nairobi (which was at the time of payment defunct) No. 069290 dated 20th May 2013 with receipt No. 0011692013051064.
On 13th August, 2018, the day DPP arraigned former National Land Commission Chairman Mohammed Swazuri on charges touching on SGR leveled by EACC, former Kiambu Governor Kabogo tweeted: Government should not buy Integrity Centre building. It stands on wet land. Again why pay 1.5B for something bought 2 years ago for Ksh. 450M.
Clearly, something was amiss but little did I know that digging this matter will bring me shocking revelations that would put me at loggerheads with the EACC Cartel led by Abdi A. Mohamed, Director of Investigations, who within no time, I was able to gather that he was the mastermind behind the grabbing and sale of Integrity Centre right while EACC was basking in its cool and glassy shade.
On 15th August 2018, National Land Commission Vice Chairperson Abigael Mukolwe replaced Mohammed Swazuri in acting capacity after he was charged on evidence collected by EACC Director of Investigations Abdi A. Mohamud. I also noticed that Swazuri’s attempt to return back to office was vehemently resisted, and he was only able to make it back to office for a short duration, only for fresh allegations.
On 14th September 2018, even before Vice Chair Abigael Mukolwe could celebrate her first month in office, she gazetted the compulsory acquisition of Integrity Centre, which was in essence Government land after it reverted back on 1st July, 2012. My investigations, which were interrupted by EACC summons, soon established that the beneficiaries of this deal were EACC Director of Investigations Abdi A. Mohamud and his friends Mohamud Ahmed, CEO of Kenya Deposit Insurance Company and Ahmed Adan of Wetangula, Adan, Makokha & Company Advocates. I also noticed that there was an effort by journalists sympathetic to the EACC Cartel to exonerate the Vice Chair and accuse Swazuri of approving the compulsory acquisition of Integrity Centre.
On 17th April 2019, I noticed that Swazuri was arrested again and charged with 23 others on allegations and investigations by EACC and forced to leave office in 17th April 2019 before the issue of EACC was set to come up before Parliamentary Accounts Committee starting May 2019. I can’t say anything about the innocence or guilt of Mohammed Swazuri, that is for the courts to decide, but there are just too many curious coincidences.
On 17th September, 2018 Donald B. Kipkorir tweeted: Integrity Centre with 3 Floors was built at no costs to the owners (I mean for Kshs. 0)…Prism Tower, 28 Floors is modern & built for only Kshs. 1.2B & for sale. EACC thro’ National Treasury decides to buy Integrity Centre, a 40 year old buiding for Kshs. 1.5B…And we wonder.
On 25th March 1994, Revack Limited was established by the firm of Esmail and Esmail Advocates with directors as Kassam Esmail and his mother Shirin Esmail holding trust for unknown client to purchase the property known as Trade Bank Centre (today’s Integrity Centre) from the Deposit Protection Fund Board (DPFB), at the time the liquidator of Trade Bank Limited.
On 1st November 1994, Revack was given a loan of Ksh.152 million by Trade Finance Limited, a subsidiary of Trust Bank Ltd using as security land parcel Number Land Reference Number 209/1069 on which the Integrity Centre sits, the Headquarters of EACC, even before the Revack had bought the same property (clearly a case banking fraud).
On 10th November 1994, Revack partnered with Mr. Ajay Shah (one of executive directors of Trust Bank) who contributed an additional Ksh.65 million, transferred from Trust Bank Ltd to its subsidiary Trade Finance Ltd (insider unsecured loan). Trade Finance Ltd gave Revack Ltd a further loan of Ksh. 152.5 Million which the company used to pay DPFB Ksh. 217.5 Million for the property that is Integrity Centre today, which was transferred on same day to Revack Ltd.
On 11th July 1995, Shirin Esmail and Kassam Esmail purportedly resigned as directors of Revack Ltd and Messrs. Mukesh Jamnadas Gohil and Jassa Singh Videe were appointed directors. On 16th August 1995, Revack obtained another facility from Trade Finance Ltd of Ksh. 156,486,301.
On 18th September 1998 when Trust Bank was placed under statutory management, the outstanding debt owed by Revack Ltd, whose only asset was Integrity Centre, was Ksh. 484,888,000.00 excluding the Ksh. 65 Million Ajay Shah had illegally transferred to it from Trust Bank. By the time Trust Bank was put on liquidation on 15th August 2001, the amount outstanding was higher because of accrued interest.
On 12th October 1998, DPFB for reasons known to them purported to go to court to and obtained orders in HCCC No. 568 of 1998 charging Integrity Centre Land for Ksh. 152.5 Million only, instead of the Ksh. 488,888,000 outstanding at the time, plus the Ksh. 65 Million contributed by Ajay illegally from Trust Bank. This fraudulent charge was registered on 14th May 1999.
On 24th March 2010, with the expiry of Integrity Centre Land coming on 1st July 2010, Oraro & Advocates wrote on behalf of the Deposit Protection Fund letter reference GOO/6448 to send executed surrender of lease and title of the property, seeking extension of the lease and issuance of a new title in favour of DPFB. Revack had negotiated with Government to transfer the land to DPFB on behalf of Government to settle the depositors who lost their money to Trust Bank.
On 16th August 2010 (after Integrity Centre Land Lease had expired on 1st July, 2010 and the land automatically reverted to National Government), Trust Finance Bank (in liquidation) purported to execute a discharge in favour of Revack Ltd drawn by Oraro & Co Advocates on “condition that replacement charge shall be created over the property in favour of the lender to secure the Debt in replacement of the Existing Charge.”
On 2nd May 2012, the Land Act, 2012 commenced with express provisions in section 13(1) that where land reverts back to national or county government after expiry of leasehold tenure, the land shall NOT be offered for allocation to the immediate past holder of the leasehold if the land “is required by the national or the county government for public purposes.” At this time, the Integrity Centre Land was required for use by National Government, being the EACC Headquarters.
On 21st September 2012, the appointment of EACC Chairperson Mumo Matemu was annulled by three-judge High Court Bench after petition by little-known Trusted Society of Human Alliance and by the time he was reinstated on July 26, 2013 it was too late to save Integrity Centre as it had changed hands on 4th June 2013.
On 6th December 2012, without public participation as required by Land Act, one Mr. Peter K. Kahuho on behalf of Commissioner of Lands purported to issue Letter of Allotment Reference No. 24512/386 for Integrity Centre Land to Revack Ltd despite the fact that the Integrity Centre Land was required by the national government for public purposes, namely, as office of EACC.
On 13th March, 2013 Tegus Ltd registration number CPR/2013/96498 was registered with equal shareholders being WATUWATU LTD of P.O. Box 10902-00400 Nairobi and SUNNEX ENTERPRISES LTD of P.O. Box 82271-080100 Mombasa, with Directors listed as Rachel Wanjugu Muthui and Anish Doshi. Directors of WATUWATU LTD are AHMED ADAN and his wife ASMA AHMED ADAN.
On August 10, 2007, the same postal address P.O. BOX 10902-00400 used by the 2 companies, Adan, his wife Asma and Rachel Muthui was used by Ahmed Mohamed Amaer and Mohamed Shtewi Maawal to register LAICO [Kenya] Ltd to which GRAND REGENCY HOTEL was eventually transferred on 5th May, 2008 with obvious help of EACC (story for another day).
On 4th April 2013, Oraro & Co. Advocates wrote to Mrs. Olando, Assistant Commissioner of Lands letter reference GOO/6448/POA seeking to withdraw the documents released to her on 24th March 2010 stating that, “the same are urgently required by our client (DPFB) for another transaction.”
On 23rd April 2013, DPFB Director Rose Detho purported to write to the Commissioner of Lands RE: LR NO. 209/1069 NAIROBI- INTEGRITY CENTRE requesting him “to process a new Title Deed of the Subject property and allow for collection of the same by ourselves” curiously without indicating in whose favour the title is to be issued raising suspicion it was a forgery.
On 25th April 2013 at 4:38PM Kipsanai L.K send an email to the office email of Mohamud Ahmed, email@example.com, then Assistant Director, Liquidations at DPFB (current CEO of Kenya Deposit Insurance Company, KDIC) confirming payment of conveyancing fees of Ksh. 21,592.00 by Central Bank on behalf of DPFB to Commissioner of Domestic Taxes.
On 6th May 2013, the stamp duty of Ksh. 122,020 (inclusive of penalty) for the conditional discharge drawn by Oraro & Co. Advocates to allow for renewal of lease in favour of DPFB was purportedly registered as Land Registrar No. 278 (name not clear) as evidence of discharge of Revack Ltd by DPFB, which was not the true position.
On 30th April 2013, a new grant IR 144208 (LR No. 209/1069) was issued in favour of Revack Ltd. The same was registered on 2nd May 2013 by Lands Registrar No. 213, one W. Kamuyu, attached to Deed Plan No. 251939 prepared by one J.K. Kibiru for Director of Surveys on 22nd April 2013.
On 7th May 2013, the new grant to Land LR 209/1069 is signed for and collected by Mohamud Ahmed, Ass. Director of DPFB ID. No. 5289157 (a known mutual friend of EACC Director of Investigations and Ahmed Adan Advocate of Wetangula, Adan Makokha & Co. Advocates).
On 10th May 2013, DPFB Director Rose Detho writes to EACC Director (not CEO) asking for investigations on the matter surrounding the Integrity Centre property and curiously notes that in 3 days only, lawyers for Revack Ltd “M/S Kipkenda & Co. Advocates recently negotiated and settled the debt owed with DPFB. DPFB in turn discharged and released title documents of the above property (Integrity Centre) to the Lawyers for Revack Ltd).
On 15th May 2013, one Anthony Ongondi responded for EACC to DPFB vide letter reference EACC.1/1/ Vol. II (40) acknowledging receipt of the 10th May 2013 letter with enclosures and promised to contact them shortly for more information, but EACC did nothing for a month, during which period Integrity Centre Land was transferred to a company owned by Ahmed Adan, friend of EACC Director of Investigations Abdi A. Mohamud.
On 23rd May 2013, the firm of Wetangula, Adan, Makokha & Co. Advocates made an application for consent Ref. Wam/c/Gen/2013 to transfer and charge Integrity Centre Land. On May 24, 2013 consent to transfer this property, Ref. 24512/TC/14, was given by Mrs. E.S.L. Olando (the same Assistant Lands Commissioner written to by Oraro & Co. Advocates).
On 24th May 2013, a transfer drawn by Wetangula, Adan & Makokha & Co. Advocates for the Integrity Centre Land was purportedly executed between REVACK LTD and TEGUS LTD with directors of REVACK declared as GIDEON MUNYAO MWONGA (then a Messenger of Adan Ahmed) and MOHAMED THEBET TUWEI (Brother-in-law to the same Adan Ahmed).
As at May 2014, GIDEON MUNYAO MWONGA who hailed from Embu had died mysteriously, less than a year after purportedly signing the Transfer, after he offered to testify to EACC. Mohamed Tuwei was found in Kakamega by EACC investigators selling bread and “he indicated lack of knowledge of the firm known as Revack Ltd leave alone the property on which Integrity Centre sits.”
On 31st May 2013, the Chief Registrar Lands Mr. Ngau raised the value of the land from the purchase price of Ksh. 400,000 Million to Ksh. 450,000,000 for purposes of stamp duty. There is no evidence of payment of stamp duty or clearance of Land Rates with Nairobi County.
On 4th June 2013 at 12:00 Noon, the Integrity Centre property lease was purportedly transferred to TEGUS LTD under unclear circumstances by C.K. Ngetich Lands Registrar No. 212 for Ksh. 400,000,000. There is no evidence that such money was paid and EACC Investigator in charge of the case wrote to EACC Chairman on 27th February 2015 stating “It is strongly suspected that not a cent or only a nominal fee was paid by Revack Limited to redeem the debt.”
On 13th June 2013, EACC and DPFB officials pretended to do a meeting to follow up the case, and one wonders why for a whole month EACC Director of Investigations Abdi Mohammed did nothing as the property lease was grabbed and transferred by cartels. However, for the next 4 months nothing was done.
On 3rd October 2013, after much pressure from Commissioners to act on the case, finally EACC Director of Investigations Abdi Mohamed wrote to DPFB vide letter reference EACC. 6/2/2 vol II (27) asking for documents and information touching on use of property comprising Land Registration Number 209/1069 (Integrity Centre). He appointed officers Kipsang Sambai and Tabu Lwanga to collect the information. Inquiry file No. EACC/AT/INQ/10/2013 was opened for the Integrity Centre Land Case but was never concluded.
On 14th February, 2014, in a letter that should have raised suspicions at EACC, DPFB Director Rose Detho (who it is suspected her signature was being forged at behest of KDIC CEO Mohamud Ahmed as all he letters were without reference number) purportedly wrote to EACC stating “this matter now stands resolved and we, therefore, request you to close your file.”
On 19th February 2014, Abdi A. Mohamud wrote to the Lands Secretary Reference No. EACC 6/16/1 Vol. XXXIV (56) making a strange request for ORIGINAL documents and information relating to land reference (IR) number 209/1069 IR No. 3653. In the letter, he stated “The documents included may include but not limited to original or certified copies of correspondence file, deed/parcel file, and any other documents.” All indications are they had agreed with his cartel members at lands that in response to the request they forward the originals for his safe keeping.
On 29th August 2018, Humphrey Mahiva, Deputy Director, Investigations wrote to The Chief Land Registrar vide Reference EACC.6/16/1 Vol LXV (76) RE: REQUEST FOR DOCUMENTS IN RESPECT OF L.R. NO. 103/793 stating in paragraph 2 “To facilitate our investigations, kindly but urgently provide us with CERTIFIED COPIES of the following documents (1) Official Search of the said parcel (2) Parcel file/Deed File (3) Any other relevant documents.” The standard procedure is asking for CERTIFIED DOCUMENTS, and not ORIGINALS, so why was ABDI MOHAMUD asking for ORIGINALS in the Integrity Centre Land.
On 27th February 2015, in an EACC Internal Memo written to the Chairman of EACC by Kipsang Sambai, he states “Sometime in May 2014, the Director-Investigations (Abdi Mohamud) asked me to cease investigating the matter until further notice. Up to now, I have not received any instructions to proceed. Sometimes after the instructions, the EACC CEO called me to his office and showed me a complaint letter against me from Kipkenda and Company Advocates. It was complaining against me for carrying out arbitrary investigations outside the mandate of EACC. I indicated that I was ready to defend myself if an inquiry is instituted to address the same. I further informed him that the case was officially allocated to me and was registered as EACC/AT/INQ/10/2013 and that I had been briefing the DCEO regularly. When I had showed the DCEO the possible forgeries represented by the indication of the stated directors of Revack Limited in the Integrity Centre property transfer, he asked me to surrender all the documents to Mr. Abdi, Director Investigations.”