How Director of Criminal Investigations and Police Inspector General slept on desperate Mzee Ngara family land-grabbing pleas

0
829

My thought this Sunday is about police open negligence and contemptuous conduct when dealing with issues involving poor old folks in Kenya.

On February 18, 2019, 90-year old Mzee Gichimu Ngara and his family wrote a desperate letter to the Directorate of Criminal Investigations (DCI) addressed to its director George Kinoti seeking assistance over his land that a rich younger brother Thuo Ngara fraudulently grabbed by uttering forged documents to the Ministry of Lands.

Mzee Ngata’s request to Kinoti to resolve a tussle that has sapped his energy for over 40 year, was simply to establish whether the cunning brother had forged documents to get a title to the land or not. Mzee Ngara is in his 90s meaning his case should have prompted the police to abide not only with rules of its Service Standing Orders Code but also the supreme Law of the land – the Constitution – but that was not to be.

Under Article 57, the Constitution obligates the state to: take measures to ensure the rights of older persons–

(a) to fully participate in the affairs of society;
(b) to pursue their personal development;
(c) to live in dignity and respect and be free from abuse; and
(d) to receive reasonable care and assistance from their family and the State

What has transpired over the last two years is a clear case of a criminal conspiracy and negligence by DCI’s own officers and loud silence by a Criminal Investigations Department-turned-criminals in a cover-up conspiracy.

DCI George Kinoti: Breaching the Constitution against an old Mzee

Scene 1:

Mzee Ngara wrote the following letter to Kinoti, signed by his four adult children and copied it to the Ministry of Lands, on February 18, 2019.

February 18, 2019

Mr George Kinoti CBS

Director

Directorate of Criminal Investigations

P.O. Box 30036 – 00100 

Nairobi 

RE: LOC.3/GITURU/173

Dear Sir,

Kindly accept our congratulations for the good work you are doing to fight Corruption and Criminal elements in our country. For the first time since independence Kenyans have started seeing determined action in bringing to book of hitherto untouchables preying on Kenya citizens and their resources.

We, the undersigned, are victims of what we believe to be a well orchestrated Corruption in land grabbing that has brought us untold misery over four decades of judicial and administrative battles without a solution.

The attached letters from the Ministry of Lands and Physical Planning to Murang’a Land Registrar and Kandara Land Control Board, form part of documents forwarded to Murang’a DCI office to ascertain the illegal transfer of our land to Thuo Ng’ang’a – who has no valid documents to support his claim on our land.

Sir, we have been informed by the Murang’a DCI office that the matter was forwarded to the DCI Headquarters to be ascertained in consultation with the Ministry of Lands and Physical Planning over three months ago.

We are seeking your intervention to have the matter expedited and settled once and for all. Your office in Murang’a has been reluctant to provide us with any progress report so far – not even the reference number of the letter forwarding the matter to the Headquarters. 

Sir, this is a matter that has dragged for over 40 years draining our financial resources with a heavy toll on our health as it deteriorates with age unable to use our God-given resource. 

Kindly advice us on the wary forward.

Sir, may the Almighty God shower you with wisdom, courage and strength as you perform your national duty.

God Bless our Motherland Kenya.

Yours faithfully

Gichimu Ngara

c.c.

Ms. Farida Karoney – Cabinet Secretary, Ministry of Lands and Physical Planning

Scene 2:

Kinoti never acknowledged nor responded to the letter. The Ministry of Lands however, wrote the letter below to DCI Murang’a and requested information on whether the land title had been acquired through forgery. The Ministry of Lands also wrote to the Lands Registrar and Land Board requesting for relevant documents that effected the issuance of the new title to Ng’ang’a.

Ministry of Lands letter to DCI Murang’a on Mzee Ngara’s grabbed land

The Lands Ministry also wrote to the Registrar of Lands in Muranga to provide details of the transaction through which the land changed hands.

Ministry of Lands letter to Land RegistrarI Murang’a on Mzee Ngara’s grabbed land
Ministry of Lands letter to Land BoardI Murang’a on Mzee Ngara’s grabbed land

Scene 3:

The DCI headquarters never responded to Mzee Ngara’s letter. Six month latter Mzee Ngara and his five children  on August 31, 2019 wrote another letter to Kinoti begging for assistance as follows.

August 31, 2019

Mr George Kinoti CBS

Director

Directorate of Criminal Investigations

P.O. Box 30036 – 00100 

Nairobi 

RE: LOC.3/GITURU/173

Dear Sir,

We, the undersigned, are victims of what we believe to be a well orchestrated Corruption in land grabbing that has brought us untold misery over four decades of judicial and administrative battles without a solution, wish to draw your attention to the fact that your intervention to have the issue resolved has not yet been implemented.

Our understanding is that your Deputy Mr John Kariuki communicated our concern to Murang’a DCI officers to investigate the status of the illegal transfer of our land to one Thuo Ng’ang’a – who has no valid documents to support his claim on our land.

Sir, we have been informed by the Murang’a DCI office that the matter was forwarded to the DCI office in Kandara several months ago but Mr Nzau Musangi has yet to take action.

We are once again seeking your intervention to have the matter settled once and for all. 

Sir, as we mentioned in our letter of February 18, 2019, this is a matter that has dragged for over 40 years draining our financial resources with a heavy toll on our health as it deteriorates with age unable to use our God-given resource. 

Kindly advice us on the wary forward.

God Bless the good work you are doing for our Motherland Kenya.

Yours faithfully

Gichimu Ngara

The letter was copied to;

Ms. Farida Karoney – Cabinet Secretary, Ministry of Lands and Physical Planning

Mr Fred Matiang’i – Cabinet Secretary for the Ministry of Interior and Coordination of National Security. Matiang’i’s office unlike Karoney’s office never followed up the old man’s letter.

Scene 4:

Again DCI Kinoti or any of his officers did not respond and after another six months on January 20, 2020 Ngara and his five children wrote yet another plea as follows;

January 20, 2020

Mr George Kinoti CBS

Director

Directorate of Criminal Investigations

P.O. Box 30036 – 00100 

Nairobi 

RE: LOC.3/GITURU/173 GRABBED BY THUO NG’ANG’A

Dear Sir,

This letter is a follow up to our earlier letters to you dated February 18, 2919 and August 31, 2019, to which we have never received a response or remedial action taken.

  1. We are victims of a well-orchestrated Corruption in land grabbing that has brought us untold misery over four decades of judicial and administrative battles without a solution. Our case appears to be similar to the Westlands Land Cartels specializing in dispossessing bona fide land owners albeit with police assistance. 
  2. The attached letter from the Ministry of Lands and Physical Planning dated July 5, 2019, to DCI Kandara, Murang’a addresses our plight and sought to ascertain the police, recommendations for the Ministry implementation regarding Thuo Ng’ang’a’s fraudulent Title  – who has no valid documents to support his claim over the land in question. Forgery is a crime.
  3. Sir, we have been informed by sources at Kandara, Murang’a DCI office that Thuo Ng’ang’a was subsequently arrested three months ago to face forgery charges but was released on a Ksh 20,000 police bond to fish for documents to support his forgery after his lawyer informed him he was not a finger-print examiner or document examiner and could not support his claim in any Court.
  4. We are seeking your intervention on the request by the Land Ministry to be informed of the fate of the Title Thuo Ng’ang”a obtained through forgery in 1972. 

That we believe is not a matter that should have taken six months now that DCI has one of the best Forensic Laboratories in Africa for the Law to take its course to curtail CORRUPTION deals.

  • Sir, this is a matter that has dragged for over 40 years draining our financial resources with a heavy toll on our health as it deteriorates with age ravages unable to use our hard-earned natural resource.
  • Further, we would also like to bring to your attention, for investigation and action, that the same Thuo Ng’ang”a has illegally cautioned Gichimu Ngara’s land Parcel Loc.3/Githumu/381 claiming beneficiary benefits and obtained orders and decrees to have Ngara’s properties taken away – yet he is not his son. 

I Gichimu Ngara’s acquired the land through my own sweat not an inheritance from our father Ngara Gichimu from whom no land was inherited.

Kindly advice on the wary forward.

God Bless our Motherland Kenya.

Yours faithfully

Gichimu Ngara

There was no response from Kinoti’s office despite the fact that the letter was copied to the following;

His Excellency President Uhuru Kenyatta CGH, Office of the President.

Dr Fred Matiang’i  EGH – Cabinet Secretary, Interior and Coordination of National Government.

Mr Hillary Nzioki Mutyambai, MGH – Inspector General of Police. 

Ms. Farida Karoney EGH  – Cabinet Secretary, Ministry of Lands and Physical Planning.

Just goes to show that except Karoney, a journalist, all other government officers never cared, never followed up the matter – including the umbrella President’s office leading the fight on corruption.

Scene 5:

Realising the the Director of Criminal investigations would never respond to his plight and the fact that the sun does not wait for the King, Mzee Ngara and his five children decided to write to the man in charge of the entire so-called Police Service Inspector General Hillary Nzioki Mutyambai, on July 3, 2020 as follows;

Mr Hillary Nzioki Mutyambai, MGH

July 3, 2020

Inspector General of Police. 

Jogoo House

Nairobi 

RE: LOC.3/GITURU/173 GRABBED BY THUO NG’ANG’A

Dear Sir,

This letter is a follow up to several letters to the Director of Criminal Investigations Mr Kinoti dated February 18, 2919, August 31, 2019 and January 20, 2020 to which we have never received a response or remedial action taken.

  • We are victims of a well-orchestrated Corruption in land grabbing that has brought us untold misery over four decades of judicial and administrative battles without a solution. Our case appears to be similar to the Westlands Land Cartels specializing in dispossessing bona fide land owners albeit with police assistance. 
  • The attached letter from the Ministry of Lands and Physical Planning dated July 5, 2019, to DCI Kandara, Murang’a addresses our plight and sought to ascertain the police, recommendations for the Ministry implementation regarding Thuo Ng’ang’a’s fraudulent Title  – who has no valid documents to support his claim over the land in question. Forgery is a crime.
  • Sir, we have been informed by sources at Kandara, Murang’a DCI office that Thuo Ng’ang’a was subsequently arrested three months ago to face forgery charges but was released on a Ksh 20,000 police bond to fish for documents to support his forgery after his lawyer informed him he was not a finger-print examiner and could not support his claim in any Court.
  • We are seeking your intervention on a request by the Land Ministry to be informed of the fate of the Title Thuo Ng’ang”a obtained through forgery in 1972. An issue that DCI has not responded their findings for Ministry of Lands to rectify the title.

That we believe is not a matter that should have taken six months now that DCI has one of the best Forensic Laboratories in Africa for the Law to take its course to curtail CORRUPTION deals.

  • Sir, this is a matter that has dragged for over 40 years draining our financial resources with a heavy toll on our health as it deteriorates with age ravages unable to use our hard-earned natural resource.
  • Further, we would also like to bring to your attention, for investigation and action, that the same Thuo Ng’ang’a has illegally cautioned Gichimu Ngara’s land Parcel Loc.3/Githumu/381 claiming beneficiary benefits and obtained orders and decrees to have Ngara’s properties taken away – yet he is not his son.
  •  There is evidence of forgery, fake court judgements among other illegalities employed by Thuo Ng’ang’a but he appears to call the shots at Kandara.
  • I Gichimu Ngara’s acquired the land through my own sweat not an inheritance from our father Ngara Gichimu from whom no land was inherited.

Kindly take remedial action. 

God Bless your work streamlining the Police Service.

God Bless our Motherland Kenya.

Yours sincerely,

Gichimu Ngara

Scene 6:

There was no response from the Inspector General when all this time Murang’a DCI office had on May 7, 2019, conducted forensic investigation and found the documents used by Thuo Ng’ang’nga were forgeries.

Fortunately for Mzee Ngara the Murang’a DCI’s office conducted forensic investigation and established that indeed, Thuo Ng’ang’a had forged the documents signatures he used to grab Ngara’s land as per the report below.

Forensic document examiner report confirmed forgery

The investigation on Ng’ang’a’s document followed the request by the Ministry of Lands but the findings were never forwarded as requested. Mutyambai has also never responded to queries made to him on this matter in his Twitter engagement on Mondays – pointing a finger to possible complicity in the matter.

Ng’ang’a himself was arrested early this year and detained overnight but released to go and fish for documents he said were two judgements against Mzee Ngara. One appeal judgement was on a case involving Thika-based Pineapple grower Delmonte against an individual and the other was a case between a lady plot owner in Thika Town against a tenant. Both gave judgements in favour of Ng’ang’a against Mzee Ngara.

The land grabber is still roaming free despite committing forgery, which in itself is a crime. That can only be explained in one word CORRUPTION, which has earned police national disgrace as the most CORRUPT government agency for years.

President Uhuru Kenyatta has been urging police to STOP CORRUPTION at every passing out parade since he assumed the Presidency but his appeals fall on deaf ears.

Last Word:

The open and contemptuous nature of police negligence when dealing with old folks is a curse upon the officers in charge and the entire Police Force – yes it acts, reacts, and conducts itself as a Force NOT a Service.

The Police should set up a specific desk to deal with senior citizens, poor or rich, issues in every Police Station and the DCI headquarters as part of its reforms.

Specifically, the DCI functions envisaged in the Service Standing Orders, as per a copy sent to me for review by the office of former Inspector General David Mwole Kimaiyo Inspector-General of the National Police Service in February 2014, are as follows:

Chapter 4: Directorate of Criminal Investigation

Establishment

  1. Directorate of Criminal Investigations is established under Section 28 of the National Police Service Act, 2011.

 Functions of the Directorate

  1. The functions of the Directorate are; 
  2. collect and provide criminal intelligence;
  3. undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, economic crimes, piracy, organized crime, and cyber-crime among others;
  4. maintain law and order;
  5. detect and prevent crime;
  6. apprehend offenders;
  7. maintain criminal records;
  8. conduct forensic analysis;
  9. execute the directions given to the Inspector-General by the Director of Public Prosecutions pursuant to Article 157 (4) of the Constitution of Kenya, 2010;
  10. co-ordinate country Interpol Affairs;
  11. investigate any matter that may be referred to it by the Independent Police Oversight Authority; and 
  12. Perform any other function conferred on it by any other written law.

Functions of the Director

  1. The Directorate of Criminal Investigations is headed by the Director who is subject to the directions, command and control of the Inspector-General of the National Police Service. The functions includes:- 
  2. Implementation of the decisions of  the Inspector-General; 
  3. Effective and efficient administration and operations of the Directorate;
  4. Strategic guidance and direction for the Directorate;
  5. Preparation of the budget and planning for the Directorate
  6. Monitoring and Evaluation of  the Directorate; 
  7. Supervision of the Directorate;
  8. Coordinating training, research and development in the Directorate; 
  9. Internal oversight of the Directorate; 
  10. Improving transparency and accountability in the Directorate.
  11. Cooperating and engaging in joint security operations with the Deputy Inspectors-General of both the Kenya Police Service and the Administration Police Service, other Government departments and security organs, where necessary, when relevant, to ensure the safety and security of the public; and
  12. Perform any other functions that may be assigned by the Inspector-General, the National Police Service Commission or as may be prescribed by National Police Service Act or any other law.