Connect with us
https://crm.cytonn.com/events/weekly_real_estate_site_visit

Investigations

Part 1: Agnes Kagure The Mastermind Of The Sh1B Land Fraud Could Be Nairobi’ Next Deputy Governor

Published

on

Sh1 billion land fraud affirms Kenya is a ‘gangster’ nation

No one believed Roger Bryan Robson when he joked that some folks were trying to steal his land. A second-generation Kenyan of British origin, Robson died in August 2012. He never married and had no children. But he was a big-hearted man who put public-interest first as he planned how his estate would be administered after his demise.

Fifteen years earlier, in 1997, Roger had his lawyer, Guy Spencer Elms, draw up a Will spelling out his final wishes. When he was gone, the Will revealed that he wanted to have his two properties, a block of apartments in Upper Hill and a 5-acre parcel of land in Nairobi’s Karen area, sold and the proceeds, thereof, shared out between his nephew and a number of charitable organizations. The combined assets were valued at over Sh1 billion.

Specifically, Robson wanted his money donated to charities working in education and the environment, the latter reflecting his love for the environment and his life’s work as a landscaper.

Guy Elms anticipated his role to be pretty straightforward. He identified a public school to gift Robson’s money, and was contemplating funding the rehabilitation of Uhuru Park, which has deteriorated in recent years.

When citizens step in to fix public projects, that shows ours is a broken system, and that the authorities would be embarrassed to facilitate the process without a fuss. But in a country where corruption has become a way of life, conspiracies were hatched to thwart Elms’ attempts at honouring his client’s wishes and take possession of Robson’s estate. The fight would rage in courtrooms, drag in multiple players, including State officials, lead to arrests, threats, burglaries and at least one assassination attempt on Guy Elms. Robson’s father, Patrick, had settled in Kenya in the 1930s and married his wife, Betty, with whom he raised their two sons, Robson and Michael. Patrick and Betty died in 1974 and 1993, respectively. In 1995, Michael sold his portion of the family landholding company, Plover’s Haunt Limited, to his brother, Robson, and returned to England permanently.

This meant there was no other immediate relative in Kenya when Robson died in 2012, opening a floodgate of fraudsters hell-bent on claiming the deceased’s estate. Our efforts to uncover these brazen crooks led to the musty filing rooms at Ardhi House, the Ministry of Lands offices in Nairobi.

A typical scam unfolds this way; a land cartel at Ardhi House identifies elderly, preferably single, whites living in affluent suburbs. They then design specific schemes to inherit the land, by-passing any Wills and frustrating appointed executors. In some cases, they use existing occupants, such as long-serving servants, to claim “squatter rights.” In other instances, they use prominent business people and well-connected individuals to do the legwork. Meanwhile, files in the land registry conveniently disappear.

In at least one other case, we found an elderly woman who had died and bequeathed her land to a non-governmental organisation. During succession proceedings, the NGO found there were two people claiming adverse possession of the land. “Adverse possession” is a legal term for land to which another person has title, with the intention of occupying it.

Related Content:  Doping Of Kenyan Athletes, Italian Agent Federico Rosa Is Running Down Our Best

The organization rushed to court and secured prohibition orders against any other party. To illustrate the high connections that these cartels enjoy, the judge’s draft judgement in favour of the NGO was altered during its typing (and uploading on KenyaLaw.org- http://kenyalaw.org/caselaw/cases/view/115721/
), to include several paragraphs that implied the alleged “squatters” had won possession of the land!

In the Robson case, no effort has been spared to take illegal possession of the land. These include several prominent politicians and State officials, a gospel musician, and a well-connected businesswoman.

In March 2011, Leonard Omwenga, Meshack Masese and Sammy Lotasa went to court to claim the Robson land, alleging they had lived on it since 1995. They alleged Robson had left the country that year and never returned.

When that attempt failed, two other claimants, Martin Waluchio and Friedrich Pietz, lodged their own claim. Pietz claimed he bought the land in 1994 for Sh30 million. They could not explain why they had waited 12 years to transfer the land. Their claim was dismissed.

Then came Ringtone (real name Alex Apoko), a popular musician renowned for his flashy cars. Ringtone claimed he was acting on his uncle’s behalf to claim the land. He did not reveal the identity of the alleged uncle.

The latest and most formidable attempt to claim the land is orchestrated by one Agnes Kagure Kariuki, who currently occupies Robson’s property, violating a court order prohibiting occupation. She has built a perimeter wall and some structures. Agnes claims she bought the land from Robson for Sh100 million in 2011. She allegedly paid in cash, in clear contravention of Central Bank of Kenya regulations that demand any transaction above Sh1 million must be paid through a bank transfer. Agnes is aware, of course, that claims of cash transactions are harder to prove, especially as dead men tell no tales.

Agnes produced a sale document to support her alleged purchase. A closer look at the sale documents, however, reveal many inconsistencies. Agnes presented a handwritten receipt for the alleged sale. Lawyer Michael Sakwa Osundwa claimed he drew up a sale agreement between Agnes and Robson in November 2011. Peter Mburu, an official at the lands registry, claimed he oversaw the land transfer.

Records show that Agnes claims to have bought the property on November 18, 2011 but effected the transfer on November 6, 2014 – three years later. The conveyance agreement, drawn in 2011, was not stamped until 2014 and we found no records for the payment of stamp duty—calculated as a percentage of the value of the property, and paid to the government, as required by law. What she cannot explain why after parting with such a princely amount never claimed the property until the seller had died, two years later.

But the mystery of mysteries was how a “transfer” could have been effected in favour of Agnes, when the title deed to the property was still charged to Habib Bank for a loan of an unspecified amount issued to Robson. Interestingly, even the PIN number that Agnes used in the sale agreement doesn’t exist. Our search with the Kenya Revenue Authority database drew a blank.

Related Content:  Ruto And Duale Buys Off Biwott’s Air Kenya Limited As Attempts To Exempt The Duale’s From KPC Prosecutions Revealed

Robson’s alleged photo, used in the sale agreement, is also a fake. At the time of the alleged purchase, Robson was 68 years old, but the picture on file is that of an unidentified young white man.

And in a classic case of the hunter becoming the hunted, Guy Elms was arrested in 2015 and charged with forging documents to transfer the property to himself. His mitigation, that he had no personal interest in the land and only intended to protect the interests of his deceased client, fell on deaf ears. The Directorate of Criminal Intelligence and the Director of Public Prosecutions instituted charges against Elms for forgery, despite the National Land Commission determining that the legal papers had genuine signatures.

Robson’s signature in the Will was witnessed by Milkah Wangui Nduati and Mary Wathiru Kariuki, who were all willing to testify. Similarly, Ann Mululu, a partner at Archer and Wilcock Advocates where the Will was drawn, swore an affidavit affirming the Will was prepared by the firm.

The Directorate of Criminal Investigation and Director of Public Prosecution continue to refuse to take statements from these credible witnesses.

Even Robson’s brother, Michael, weighed in from England to confirm Elms was the lawful administrator of his late brother’s estate. This weight of evidence continues to be ignored by Kenyan authorities, which suggests they have interests, other than seeking the truth. What she like other claimants did not explain why after parting with such a princely amount never claimed the property until the seller had died, two years later. Stranger too is how she managed to get title to properties which had been charged to a bank because they had been used to secure a loan.

The well connected Kagure has been spotted with a former CS
Lands and she has bragged to have funded the election of a jubilee governor but her KRA records, the Co-operative Bank account details she gave to the firearms bureau don’t show any sign of such wealth.

From 2004 until 2015, there is no record of Agnes Kagure ever having filed any returns with KRA. Evidence that she started filing returns appears in 2016. The returns are self-assessment. She seems to have rental houses and, from her monthly rental collection, is legally bound by law to submit 10% in tax. Between January 2015 and December 2017, Agnes had paid a total of Ksh 127,198.00 in taxes.

On 22nd September 2016, Agnes Kagure Kariuki applied to the firearms licensing board, seeking to obtain a firearm for her protection, and listed the following businesses in her application:
1. Antonio’s grill,
2. Dynamic Mini Mart
3. Consolota Pharmacy
4. Universal Nautical Ltd.

The companies mentioned exist under a questionable and suspicious nature.
1. Antonio’s Grill – A search in the registrar of companies reveals that Antonio’s grill is not a company but a business name.
2. Dynamic Mini Mart – No records exist at either the Registrar of Companies or Kenya Revenue Authority.
3. Consolota Pharmacy – No records appear in either the Registrar of Companies or Kenya Revenue Authority.
4. Universal Nautical Ltd. – Company was registered in 2012 but hasn’t filed any returns since its registration.

Related Content:  Debunking Juvenile Propaganda By Government Bloggers To Demonize Doctors Officials

Agnes has bragged to Guy Elms about her powerful connections. She has sent emissaries to Guy asking him to hand over the land documents in exchange for “amnesty” over his “forgery” case. Elms declined. His efforts to hand over the land documents to Kenya Wildlife Service and Kenya Forest Service, have come a cropper. Guy Elms is not a beneficiary of the land and he is only defending his client’s wishes.

Agnes continues to occupy the land in contravention of a court order, dated July 2015, maintaining the status quo, pending the hearing and determination of the case. The police have refused to effect the order and further refused to charge her with trespass. Between December 28, 2017 and January 4, 2018, Guy received fresh death threats and reported the matter to Muthangari Police Station. The Court case against Guy has highlighted numerous inconsistences and legal irregularities in the paperwork provided by Agnes Kagure Kariuki. However, in spite of this, the fraudsters, arrogantly, continue to go about their business, protected by Government officials who are part of the cartel.

The Upper Hill flats were claimed by two men, Peter Gaitho and Thomas Murima. They claimed they had bought the land through share transfer, totalling Sh193,740, from Robson and his mother Betty in 2010. Betty died in 1993, so she could not have transacted with the duo. They presented forged company records (CR12 CI384), dated April 30, 2015, to prove ownership.

Agnes, 43, is a former insurance executive with deep ties to the political establishment. In July 2017, her name was proposed for nomination to Parliament by Jubilee, though her bid was unsuccessful. Governor Sonko has mentioned he is considering naming her to replace Polycarp Igathe as Nairobi’s Deputy Governor.

The Environment and Land court, earlier this year, gave temporary orders restraining Agnes Kagure from occupying yet another disputed property. Joel Munene moved to court seeking a temporary injunction to restrain Kagure or her agents from entering, occupying, trespassing, selling or in any other way interfering with the property known as Nairobi Block 83/1903, pending hearing and determination of the suit.

Agnes Kagure, who might become your next Deputy Governor is, allegedly, part of the land cartels operating within Nairobi. Has she defrauded you? Or have any information worth going to the public on her? Email me([email protected])

Part 2 continues to tell why she’s the worst option for Nairobi by dwelling into other scandals pinned in her.


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
Continue Reading
Advertisement

Investigations

Diamond Trust Bank Helped Riverside Terrorists Launder Money That Financed The Dusit Attack

Published

on

Loved ones broke down as they went to identify the bodies of victims at Chiromo mortuary.

Anti Terror Police Unit has been combing out areas believed to be terrorists hideouts and spending sleepless nights piecing up events to net all those involved in the Riverside attack.

Shocking details emerged in court on Wednesday as six more suspects were arraigned in connection to the January 15, 2019 terror attack at 14 Riverside in Nairobi.

The six; Hassan Abdi Nur, Ismael Sadiq Abitham, Ali Khamisi Ali, Abdinoor Maalim Ismail, Abdullahi Mohamed Hassan and Sophia Njoki Mbogo, were accused of financing the attack that left 21 dead.

Another suspect, Hassan Abdi Nur, was said have been receiving huge amounts of money from South Africa, which was later withdrawn through a specific till number. Intelligence reports indicated that he would later send the money to Somalia after making several calls.

Abdi, who operates an M-Pesa business, is said to have registered 52 accounts out of which 47 were listed in October, November and December last year.

The affidavit reads that Abdi received Sh9 million from South Africa and the same was withdrawn through M-Pesa and later through Diamond Trust Bank Eastleigh Branch. Police suspect the money was for financing terrorism.

Abdi is said to have registered 47 Sim Cards using different identity cards and names. The Sim Cards were all used in two handsets which were all geo-located within Eastleigh area, Nairobi.

According to investigators, DTB’s Eastleigh branch was used to transact huge amount of money from the suspects and this went without sounding an alarm to the authorities. The bank in this lime helped the terrorists launder their money.

Related Content:  How Kisumu MP Ken Obura and His Briefcase NGO Frustrated a Ksh.30M Medical Equipment Donation

Banks have become under criticism for failing to flag suspicious transactions which as its evident, used in financing slaughtering of innocent Kenyans and also the fact that money laundering had been giving corruption in Kenya a leeway.

Family Bank Limited has been cleared in the Sh1.6 billion National Youth Service money laundering case after reaching a settlement with the Director of Public Prosecution Noordin Haji.

The bank pleaded guilty to six counts, including failure to comply with its reporting obligations to report unusual transactions, then paid a fine from which Sh24,500,000 will go to NYS while the rest Sh40million will be paid to the Sports ministry.

According to investigations, Sophia Njoki Mbogo, a branch manager at Diamond Trust Bank in Eastleigh, was arrested on Wednesday. She allegedly withdrew huge chunks of money from the branch despite no report ever being made to the police.

If this is to borrow a leaf from previous money laundering cases with NYS banks then the decision to permit such huge transactions without flagging has a long chain link in the hierarchy that need to be followed. This will open other angles.

Banks must adhere to anti money laundering standards to help curbing corruption and funding criminal activities such as Al Shabaab. I therefore suggest that investigations should go beyond the Riverside attack transactions to connecting dots and tracking other active and past transactions. DTB should be sanctioned should it be be proven that they knowingly or unknowingly facilitated terrorism attack in Kenya by such transactions.

Court was also told by ATPU that one of the suspects Abdinoor Maalim Osmail, a graduate of Kenya School of Law currently undergoing pupillage, received Sh100M in the past few months. This money is suspected to have been used in facilitating the Nairobi attack.

Related Content:  Blogger Cyprian Nyakundi Arrested Under Unclear Circumstances

Horizon TV is also in the spot having its two members of press on the dock; Ismael Sadiq who works with Horizon TV as a social media representative. He was arrested on January 22,2019 within Nairobi County and his mobile phone seized.

He is said to have been in constant communication with Gichunge. Police suspect he was involved in laundering money and transacting funds believed to be for the purposes of terrorism.

Ali Khamis works as a marketing manager with Horizon TV and was arrested on January 22, 2019 and his mobile phone seized for forensic examination.

He is said to have been in constant communication with several phone numbers in Somalia suspected to belong to Al Shabaab members.

A law intern transacted about Sh100M from unknown sources in South Africa and allegedly used DTB to launder the money to Somalia for financing terrorism. Another one posed as an Mpesa agent, created 52 Mpesa accounts, 47 of which were created in three months.

Now question arises as to how all this passed the intelligence eyes and just how porous is the financial system in Kenya that such suspicious transactions can go unplugged? What measures for instance does Mpesa have in place to curb facilitation of terror? 52 Mpesa accounts, one person under three months and their intelligence couldn’t raise an alarm? We’re living in the reality of  Al Shabaab menace and not unless things change, it could just get worse.

I don’t have to go back and forth on the down ends of money laundering. Terrorism is as alive as finances are available to fund the evil acts. Al Shabaab have known our financial systems are weak and that with a bribe, one can move millions at a go without being flagged as is the case against DTB before the court.

Related Content:  Doping Of Kenyan Athletes, Italian Agent Federico Rosa Is Running Down Our Best

If rules aren’t adhered to then we’re laying a perfect ground for Al Shabaab to move their money in and outside our financial setups, plan and attack Kenya with absolute ease. It’s in this breath that financial institutions like Mpesa, banks must be held accountable, it has to be everyone’s responsibility to protect each other.

Its a shame that the manager at DTB and sleeping intelligence out of greed and incompetence respectively, allowed the Al Shabaab to successfully execute their plan. Investigations must therefore be carried out and the banks like DTB and other players caught in the act be subjected to cruel sanctions and more importantly, CBK and relevant authorities need to be ruthless with the implementation of anti money laundering efforts.


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
Continue Reading

Investigations

The Making Of A Suicide Bomber, Former Al Shabaab Fighter Reveals Behind Scenes

Published

on

Moment Mahir then Dusit suicide bomber blew himself up.

Mahir Khalid Riziki was the suicide bomber who blew himself up at the Dusit hotel attack by terror group Al Shabaab in Nairobi that left 21 civilians dead.

In a rare CCTV footage that has been doing rounds, the attacker can be seen walking and standing strategically outside Secret Garden Restaurant While in communication with his colleagues who were on standby before blowing himself up and body parts seem flying away.

What had many people wondering is to how much one has to be radicalized to the point of offering themselves as suicide bomber. Mahir can be seen in the video looking a bit nervous seconds before the explosion pointing at a fact that he must have been hit with reality of a painful death.

Just how did it get Mahir to get from attending madrasa at Musa mosque to killing security officials before eventually escaping to Somalia where he joined the militia group and was trained to become a suicide bomber since 2016 and only crossed over to Kenya for his final mission.

In a post Dusit attack interview, an. Al Shabaab returnee only identified as Musa, opened up to tell what exactly happens behind the scenes that many don’t know. The terrorist groupie has been on s recruiting offensive charm mostly targeting to recruit Kenyans of non Somali decent whomeasily penetrate dragnet.

Musa told CNN that he positively identified Ali Salim Gichunge from the CCTV footages as amongst the attackers, this is perhaps is the first public evidence that links the Kenyan attacker to Somalia. Musa said Gichunge was a member of the feared Amniat, al-Shabaab’s internal security service, and that he met him in Baidoa, central Somalia, in 2012.

Related Content:  Israelis Powerful Pegasus Spyware May Have Been Used By NIS To Target And Spy On Journalists Bloggers And Dissidents

 

Musa who now leaves in fear of attacks from Al Shabaab and police, says he has survived assassination attempt when gunmen were sent from Somalia to eliminate him for disloyalty and defection. Having been in Somalia and trained, he certainly holds much intelligence on their operations. “I was shocked. When I saw the CCTV I said ‘I know that guy!'” Musa told CNN in an exclusive interview.

 

Mahir Riziki the Dusit suicide bomber.

According to Musa, many of the most radicalized al-Shabaab volunteers were fighters who had converted from Christianity, he added, including Gichunge.

 

He reveals that on joining the terrorists camps in Somalia, one is subjected to thorough interrogation, in his instance, he says Gichunge was amongst them. “They’ll eat with you but they are just interrogating you: ‘How do you love al-Shabaab? How did you come here? Why did you join al-Shabaab?’ Those who fail to pass this phase are jailed for months if lucky or worse like getting killed.

 Brainwashing a suicide bomber

Musa’s experiences reveal the extent to which “brainwashing” by al-Shabaab continues after volunteers have been smuggled into Somalia and offers a rare insight into the methods the terror group uses to instill absolute loyalty among its followers.

Speaking in a secret location in Nairobi with CNN, Musa said he had taken part in the decapitation of a prisoner of war.

 He was part of group that took turns with a knife to saw at the neck of the victim — a tactic used by the terror group to ensure everyone’s involved in the crime.

Related Content:  Alex Mutuku The 'Hacker' Breaks Silence From Jail To Reveal How He Was Framed By KRA's Big Thieves And Pleads For Help

 “That’s part of the brainwashing,” he said. “They told us it’s part of the training.” He said he was then ordered to “surround the head, kick it like football and pass it to another person.” Basic military training is reinforced by involuntary collusion in atrocities.”It’s to reduce fear in you,” he added.

 Musa told CNN that suicide bombers go through a rigorous selection process. New recruits are asked explicitly if they want to volunteer to “blow yourself up.” Those selected are then taken away from the main group and indoctrinated for at least a year with daily Quranic studies, lectures by a “sheikh,” and intense physical and military training.

 While in Somalia, he met fighters from several western countries as USA, Britain and Australia with most of them totally brainwashed and praying for their days to be offered permission to return to their homes and launch attacks.

 The former al-Shabaab fighter had a grim warning.

“Everyone wants to come and do something like [the] Dusit [attack] but they have not been given the chance … given the chance, they will come.”

 Adopted from CNN


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
Continue Reading

Investigations

Riverside Suicide Bomber Was Recruited At Masjid Musa Mosque And The Tactical Error He Made That Saved Many Lives

Published

on

Mahir Khalid Riziki

Kenyans we’re left in shock after the CCTV footage showing the moments when the Dusit first attacker blew himself up, in what seems to be the first suicide bombing mission in Kenya.

The bomber can be seen walking and standing outside the Secret Garden Restaurant seconds before detonating. He seemed unsure of his steps and while ordinarily, it would be expected he blow himself up in a crowded place, the attacker blew himself up outside.

Intelligence officers have now identified the attacker as Mahir Khalid Riziki who apparently has been on ATPU radar since 2014 where he was amongst the many youths charged with killing officers in Coast. He was recruited into Al Shabaab by Ramadhan Hamisi Kufungwa while attending prayers at Masjid Musa, a mosque that has been accused of radicalizing faithfuls and recruiting for Al Shabaab.

Mahir’s ID

Masjid also happens to be where the radical cleric Abud Rogo who was fell by police bullets and accused of being an Al Shabaab operative and used the Masjid mosque to recruit youths into the terrorist group in Mombasa.

In 2015, Hamisi fled to Tanzania after the police circulated his image as a wanted criminal, he would later confess to his family of joining Al Shabaab before moving to Somalia.

He had been under training in Somalia until Mahir, according to detectives, sneaked back into the country last week, through Elwak in Mandera county then to Takaba and boarded a Moyale Raha bus in Marsabit town heading to Nairobi.

He then moved to Guango estate, Mucatha in Kiambu county where the attack ring leader Ali Salim Gichunge resided, and received instructions on his role in the 14 riverside drive attack.

Related Content:  Ruto And Duale Buys Off Biwott’s Air Kenya Limited As Attempts To Exempt The Duale’s From KPC Prosecutions Revealed

On the attack day, Mahir arrived at the scene ahead of his team and was in touch with Gichunge who was the operation commander and was to take position inside the restaurant, blow himself up, kill as many and the blast to signal the assault team positioned outside and kill civilians fleeing.

According to intelligence, a time disconnect and tactical failure by Mahir led to saving of many lives. The initial plan apparently was for him to detonate from inside and not outside for maximum casualties.

“The attack strategy was for him to detonate his suicide vest to kill people at the Secret Garden restaurant and signal incoming attackers. Then, as people scamper for safety towards the main entrance of Dusit complex, the other four attackers were supposed to embark on a killing spree targeting the fleeing crowd,” a source said.

Moments when Mahir blew himself up.

Mahir fortunately blew himself up at the wrong place and before his colleagues would arrive as planned letting many people escape and leading to many lives getting saved. His other colleagues stormed in minutes later behind schedule when scrores Of civilians had escaped. Unfortunately, they managed to kill 21 civilians in their shootings.

Suhaila Mwalim Bakari, was taken into police custody following the identification of her husband, Mahir Khalid Riziki, as the suicide bomber in the Tuesday attack.

It is not clear whether Suhaila became radicalised, but investigators say she was a  confidant of her husband, lending her ears to his trials and tribulations while in Somalia everytime he called her, demanding details about her current life while he remained in hinding.

Related Content:  Israelis Powerful Pegasus Spyware May Have Been Used By NIS To Target And Spy On Journalists Bloggers And Dissidents

For a man who has been in police radar since 2015, questions arises as to how he perfectly evaded surveillance, communicated with his wife in Mombasa, sneaked into the country, moved through Nairobi and walked into Riverside with bomb vest without detection.


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
Continue Reading
Advertisement

Most Popular