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Citizen Weekly

Sunday, 1 February 2015

Top Nairobi lawyer sucked into State House plot saga

Prominent Nairobi lawyer Ahmednasir Abdullahi has been sucked into the controversy surrounding a State House plot saga.
Initially, Ahmednasir was representing an Ethiopian investor Hailu Astaw in the case. Astaw had claimed he holds the original title deed of the land at State House Crescent in Nairobi and papers had been forged at the Lands ministry.
But in a strange twist of events, Ahmednasir on Monday, January 12 2015 wrote a letter to Tom Onyango Advocates who represents one of the parties in the land controversy Abbas Khalifa claiming to act for Julius Kiplagat Kitui and David Kipkorir Langat.
The letter reads
Ref: Agreement Dated the 4th day of November 2014 Land Reference  Number 209/5581 City of Nairobi.
Our telephone conversations of this morning refers.
We act for Mr Julius Kiplangat Kitur and Mr David Kipkorir Langat.
Our clients accept the unilateral repudiation of agreement dated  November 4 2014 by your client Mr Abbas Khalif and his ‘principal.’
Kindly return the title to us immediately.
Please ensure to return the same latest within the next 48 hours it is signed by Ahmednassir M Abdullahi SC.
Julius Kitur in papers has claimed ownership of the two disputed acres. He claims a group of land grabbers in Nairobi forged his  death certificate to take over the property. Kitur says his title is seven years older than the one Hailu Asfaw a  director of Myta Limited. Kitur title was given in 1997 while that of Myta is 2005. Former lands boss Zablon Mabea has been implicated in the case. Kitur sworn affidavit to CID reads:
Julius Kiplangat Kitur
of  No 10314874
P.O 38,
Sotik
January 19 2015
Nairobi
Dear Sir,
Re: Land Reference No 2091/558 Nairobi
I Julius Kiplangat Kitur of ID No 10314874 do make this statement regarding the above mentioned plot LR No 209/5581 Nairobi as follows :
I.    How I acquired the land
a)    That the above mentioned parcel of land measuring approximately 0.8660 hectares was allotted to me by the Government of Kenya vide an Allotment Letter dated 4th January 1996. I was required to pay a total of Kshs. 458,290/= so that my title to the property could be processed.
b)    That sometime in May of 1997, while processing my Title Deed to the said property, I received a death threat from a person not known to me, who asked me to surrender all the documents in my possession regarding the said property.
c)    I did not give him the documents but in fear for my life I reported the whole issue with the CID Headquarters, Director of Criminal Investigation for assistance, which was never accorded to me.
d)    That I eventually managed to make the payments required under the letter of allotment and was issued with Grant No. IR 92916 on the 12th September 1997. I have been the registered owner of the land ever since.
e)    That on several occasions after the title was registered in my name I tried to inquire on the land rent payable for the said property but I was always told that the file could not be traced.
II.    How I came to know of the fraud commited
a)    Sometime in 2014 I came to learn, that there were actually people claiming to have co-owned the land with me. Prior to that, on the 9th of April 2010, I made the request once again and was finally issued with a Land Rent Invoice in my name and jointly with one Edison Kiplangat Bundotich. This further reflected he land parcel as L.R No. 5581/2 which to me I thought they were normal printing errors.
b)    I thereafter made a request to peruse the file at the Lands Registry in respect of my title. It is then that I came across an affidavit sworn on the 29th of October 2005 by one Edison Kiplangat Bundotich averring that my property LR No. 209/558: had been allocated to myself and him, and that I was his partner.
c)    In that affidavit he falsely averred that that I died on the 22nd of February 2005 after suffering from a brain tumour and chest complications for about one and a half years. He even annexed a forged death Certificate No. 822008, entry No. 8103019 dated 23rd October 2005 purporting to confirm my said death.
d)    That he further averred that he had authority and would subdivide my Julius Kiplangat Kitur  property into four equal plots and after share equally with a person that he alleged was my “widow” the proceeds from the sale of the subdivided properties.
e)    That the Affidavit also stated that he would involve my alleged widow in all transaction to be undertaken. He promised to be honest and trustworthy in sharing all the proceeds acquired from the sale of the said plot L.R No. 209/5582 and other assets that he alleged were owned jointly by me and him.
f) That he also claimed that he would clear all the hospital bills that I had allegedly incurred at Tenwek Hospital and other hospitals when I was allegedly sick and admitted. He further claimed that the bills stood at approximately KShs3,500,000 and that there were other expenses and debts to be paid. He alleged that he would do this before sharing the balance of the proceeds with my alleged widow. All these he knew to be untrue because he knew I was alive and that he had forged my death certificate.
g) The said Edison Kiplangat Bundotich further said in his affidavit that whatever he was allegedly doing was not to be seen as a way of him trying to grab my alleged wealth and other assets but a sign of good faith, honesty and trust.
h) That I came to learn that my said property was thereafter subdivided by the said Edison Kiplangat Bundotich, without my authority as the owner, into four parcels and  transferred to different individuals namely: L.R No. 209/5581/ 2 issued to Julius Kiplangat Kitur and Edison Kiplangat Bundotich, L.R No. 209/5581/3 issued to Linrose Investments Limited and lnter farm Limited, L.R No. 209/5581/4 issued to Rose Chebet and Robert Gichura and L.R No. 209/5581/5 issued to Archman Holdings Limited.
i) It is interesting to note that Grant Number IR92916 for L.R No. Julius Kiplangat Kitur 209/5581/2 issued on 30th January 2003 had my name as co-owner with Edison Kiplangat Bundotich acording to the affidavit of the same Edison Kiplangat Bundotich of 29th October 2005, I had passed away on 22nd February 2005. ‘The Affidavit he alleged that had the authority to subdivide the original title in the year 2005. He could not have in that period (from February 2005 to October 2005) obtained a confirmed Grant of letters of Administration.
j)    Similarly, when I look at the titles of the subdivided portions of land  being LR No. 209/5581/3, LR No. 209/5581/4 and LR No. 209/5581/4, all were issued on 28th July 2003, way before my alleged passing away.
If the affidavit was the basis on which the subdivision proceeded, the titles could not have been issued before my alleged death.
k)    That I further learnt that the said Edison Kiplangat Bundotich thereafter purported to sell L.R No. 209/5581/2 to Myta Development Limited who eventually acquired the other three portions of the land.
These parcels were thereafter amalgamated to form a new title number L.R No. 209/19473. I wish to state that Edison Kiplangat Bundotich had no legal authority to sell the said land as I had not given any such authority.
I)    That even if the said sub-division was done when I was still alive I never gave consent or approved the same and as such any such sub-division can only be fraudulent as it lacks the authority of the land-owner.
m)    That I believe that without any colour of right and in a clear case of fraud, the said statements in the Affidavit of Mr. Edison Kiplangat Bundotich were fraudulently made. I do believe that he was behind all this subdivisions when he knew that he did not have the original Grant for L.R No 209/5581.
n)     That the affidavit that Edison Kiplangat Bundotich swore declaring himself as my partner in the ownership of the said parcel of land and the fraudulent death certificate attached thereto had no basis in truth or in law but was used to illegally subdivide my property into the four parcels and after that to carry out transfers purportedly to the beneficiaries. I am informed that the law does not recognise the concept of an unregistered partnership in relation to land.
0)    That the said transactions involving the subdivision of L.R No. 209/5581 into four parcels and the later amalgamation of the said parcels into one parcel being L.R No. 209/19473, were intended to hide the fraud committed by Edison Kiplangat Bundotich and the others. I am advised by my advocate Mr. Tom Onyango a partner at TRIPLEOKLAW Advocates that (even assuming that I had died as  alleged), it was illegal and criminal in nature for the land officer and anyone else involved to deal with my parcel of land in the aforementioned manner without having obtained from court a confirmed Grant of Letters of Administration to my estate or without having the original title which has been in my possession.
p)    That in any event even if the fraudsters had the Grant or the original title, these transactions are fraudulent as they would have been entered into on the premise that I was dead, which was not true.
q)    That I make this statement to confirm that I am still alive and I am still the ONLY legal owner of all that parcel of land known as L.R No. 209/5581 and delineated under Deed Plan No. 67509. I still hold the Original Allotment Letter, the Title Deed L.R NO 209/5581 and the Deed Plan No. 67509.
r)    That further the said Original Title Deed and allotment letter for LR No. 209/5581 have never been surrender to any other person whatsoever or cancelled by the Government of Kenya.

II.     High Court (Environmental And Division Milimani Law Courts) Case No 907 of 2014
a)    That the above mentioned case (in which it is alleged I am the Plaintiff), was also fraudulently filed on my behalf in Milimani Law Courts Nairobi by an Advocate by the name Josephine Chepkoech Koskei practicing in the firm of Koskei, Karanja and Company Advocates of Post Office Box 9220- 00200 Nairobi.
b)    That I wish to state that the above mentioned case has nothing to do with me at all. I never instructed the said advocate to file the mentioned suit or any other suit whatsoever. Neither have I ever been to their offices or met anyone from that office. I have never in my life gone to the office of the said advocate nor did I sign the Supporting Affidavit in support of the above mentioned suit and the Statement therein. I have requested the CID to investigate the matter.
c)    The only person I know/ suspect who would have instructed the said advocates and forged my signature was David Kipkorir Langat (Suge). I have reported the issue with the CID Headquarters Nairobi. I was with my then advocate Moses Kurgat, Hon Paul Sang and James Mbaluka. As far as I know no action has ever been taken against him.
d)    The advocate that I appointed during that time was Advocate Moses Kurgat. I went to his offices and told him everything concerning the above mentioned case and the all the issues surrounding my title. Moses Kurgat later came to find out that the law firm Koskei, Karanja and Company Advocates were acting on the instructions of the firm Arusei and Company Advocates of. Moses Kurgat later wrote (on my instruction) to the Law Society of Kenya complaining that the said advocates were purporting to act for me yet I had not instructed them. I am told that the said firm then withdrew the case on the 18th September 2014.
e)    On 13th [an 2015 I received a call from my current advocate Mr. Tom Onyango a partner at TRIPLEOKLAW Advocates who requested that I see him in his office on the same day. Upon reaching his office he asked me where I had been on the 12th January 2015. I came to learn that my advocates had received a letter from the firm of Ahmednasir, Abdikadir and Co Advocates claiming that I and one Mr. David Kipkorir Langat had instructed the said firm to demand the return of my original title to them. I confirmed to him that I had never been to the said firm neither had I spoken with the said Mr. Ahmednasir M. Abdullahi or the said firm neither had I instructed them to act for me in the matter or any other matter whatsoever.
f)    I was surprised to see the name of Mr. David Kipkorir Langat (Suge) in the letter. I had all along suspected him to be the one who had earlier instructed the firm of Koskei, Karanja and Co. Advocates to file the above mentioned suit and must have signed the affidavit and the statement in the suit purporting that to have been signed by me.
g)    I confirm that the signature in the statement and affidavit in the above mentioned suit are not mine.
Yours faithfully,

JULIUS KIPLANGAT KITUR