The Dupoto/Dafur Welfare Settlement Scheme residents have threatened to move back to court over failure to be compensated for their land.
The residents claim that they had withdrawn a court case over the said compensation after their lawyer was approached by some of the beneficiaries who offered to pay them but the same had failed to yield fruits, one year later.
Through lawyer Thomas Letangule, the residents claim to have sold their 93 acres of land to Kenya Railways Cooperation (KRC) to a tune of Sh 2.7 billion but the money allegedly went to the pockets of “cartels” who had nothing to do with the land.
According to a letter addressed to the DCI, EACC and the DPP seeking action against the perpetrators, it was also unearthed that out of the 93 acres, a portion measuring 38 acres had been excised from the parcel and transferred to an unknown entity.
“The recipient did not pay for the 38 acres; the land was forcefully acquired by an entity that demands to be left anonymous,” Letangule stated.
The letter further adds Letangule & Co Advocates represented the residents and members of Dupoto/Dafur Settlement Welfare Scheme for the last Six years.
However, they were at the last minute replaced with the firm of Johnson & Partners LLP on the firm instructions of The Principal Secretary in the Ministry of Lands and Physical Planning Honourable Generali Nixon Korir.
Among the reasons the residents believe the firm of Letangule and Co. Advocates was irregularly replaced was because they
they sought to know the identity of the entity that acquired 38 acres excised from the parcel, they also demanded the inclusion of John Karu as a Trustee on the Lease.
“What followed next is that the PS identified the firm of Johnson & Partners LLP and demanded they represent Dupoto/Dafur Settlement Welfare Scheme, failure to which he would proceed to block the payment that was pending.”
Letangule added, “with such blackmail and threats, the Trustees were forced to appoint the firm of Johnson & Partners LLP as their advocates. This facilitated the misuse, corruption, abuse and frauds that followed of public money. It’s easy to deduce that the PS had vested interest and wanted to control the transaction hence the need to eliminate the advocates on record.”
The letter further stated that the firm of Johnson & Partners LLP was involved in the transaction where they failed and/or refused to involve the proprietors of the property.
“The secrecy resulted in our clients not only losing the 38 acres, but also losing the entire portion of land,” he added.
It is alleged that on 16th December, 2023 the Kenya Railways Corporation disbursed Sh 2.75 billion to the joint account opened by the law firms of Sankale & Co and Johnson & Partners LLP with the Kenya Commercial Bank for the Sale of 55 Acres to Kenya Railways Corporation. The Agreement and the transfer were executed simultaneously.
Preliminary investigations conducted reveal that the money was dispatched on 16th December, 2023. It was then divided within a few days by the officials and their cronies.
It is further alleged that Sh 1,503,125,000 was sent to the law firm of Sankale & Co. advocates while Ks 1,246,875,000/- was sent to the account of Johnson & Partners LLP.
On 18th December, 2023 the money was said to have further been distributed to other law firms
The letter claims that Nick Ndenda & Associates received Sh 112,250,000 while Moinket & Co Advocates received Sh 155,000,000 from Sankale & C. Advocates and Sh 15,000,000 from Johnson & Partners LLP.
Further, Kitilai Ole Ntutu (Sylvester Ntutu) allegedly received Sh 250,000,000, Kemosi Mogaka & Co Advocates Sh 83,160,000 from Sankale & Co. Advocates
Other named include Wesley Kibet Mootei who received Sh 50,000,000 from Sankale & Co. Advocates, T.K. Rutto & Co. received Sh 100,000,000 while Kipkenda & Co Advocates received Sh 50,000,000.
It is also stated that Sankale & Co. withdrew cash on 19th December, 2023 equivalent to Sh 181,000,000, Cheboi Ouma & Co Advocate Sh 80,000,000 and on 18th December, 2023 Hashim & Lesaigor & Co. received Sh 183,000,000.
According to Letangule, the members on the ground received less than Sh 250,000,000 with the largest share going to the officials and their immediate families.
The balance of the public funds is believed to have been shared by top government officials.
