Today we reveal to your facts, evidence, and proof that Kitui Assembly speaker George Ndoto is a trespasser on a prime piece of land in Kitui town, where Wendo Shopping Mall, a multi-million shillings investment is earmarked for construction.
We shall also reveal to you the rightful and legal owner of plot number 1/658 opposite Kitui GK prison.
In May 2019, Lands CS Farida Karoney initiated an investigation into the ownership of plot number 1/658 within Kitui township.
The probe followed a protracted row on ownership pitting Ndoto on one hand, a Mr Samuel Kimondo Theuri and a company called Checker Oil Products Limited.
The CS immediately set up a 3-member hearing committee composed of Deputy Chief Land Registrar, Kitui County Land Registrar and Assistant County Land Registrar.
The investigations were carried out at the Ministry’s Land Records Office at Ardhi House, Nairobi and Kitui Lands Registry between 21st August 2019 and 9th September 2019.
Ndoto, Kimondo and Checker Oil limited presented their documents for scrutiny.
Given land by word of mouth
During the investigations, Ndoto claimed that he was given the land verbally by the KANU government.
An allotment letter was issued to him in June 1989.
However, the committee established that Ndoto failed to accept the offer by way of writing as demanded by the law, failed to pay the requisite allotment fees, and failed to meet the statutory conditions of the allotment for a good 10 years.
The Commissioner of Lands by powers conferred on him revoked Ndoto’s allotment letter.
During the probe, Ndoto never produced any evidence of payment to the Ministry of Lands for the plot.
“The legal position is that Ndoto has no supporting documents to lay claim on the land as his rights were legally extinguished by the Commissioner for Lands.
He has no title, there are no records at the Lands Ministry to support his claim,” the report signed by P. N Muriithia, the Deputy Chief Land Registrar reads in part.
It is dated December 31, 2019. (Attached below)
Mr Kimondo on his part produced a letter of allotment dated January 7, 1997, a certificate of lease and a title deed.
A background check on his documents revealed that all were FAKE.
The committee noted that there were no supporting documents at the Lands Registry to show how he acquired them.
The probing team declared his documents null and void!
Enter Checker Oil Products Limited.
The company through its representatives produced an allotment letter dated 25th June 1998.
Checker Oil Products Limited accepted the letter of payment and paid the requisite fees vide letter dated 8th August 2002 which was receipted on 13th August 2002.
A certificate of lease was then issued to Checker Oil Products Limited by Kitui Lands Registrar on 23rd May 2018.
What the Investigation concluded:
George Ndoto is not the legal owner of the plot. He is a squatter on the land and has no title deed.
Samuel Kimondo documents are not supported by prerequisite documents for a lease.
His documents were not processed legally and should be expunged from Kitui Land Registry.
Checker Oil has a certificate of lease for the land that was processed legally.
The company is therefore the LAWFUL OWNER of the plot.
Recommendations of the probe:
Lands Cabinet Secretary Farida Karoney directed Kitui Land Registry to expunge all records in the name of Samuel Kimondo. (see attached)
M/S Checker Oil Products Limited is the legal owner of the land. (see attached)
George Ndoto is a trespasser.
His claim should not be entertained. (see attached)