97-year-old Peasant Accuses IG Matyambai and DCI Kinoti of Abetting Police Corruption

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By Kenya Confidential War on Corruption Desk, Nairobi – February 25, 2021

Ninety seven year-old Gichimu Ngara has taken the war on Police Corruption to the door steps of Inspector General of Police Hillary Nzioki Mutyambai and the Director of Criminal Investigations (DCI) George Kinoti for abetting corruption by refusing to take action against a tycoon who grabbed his land using forged documents.

In a 33-page letter to the Independent Policing Oversight Authority (IPOA) dated February 4, 2021, Gichimu pours his frustrations over the two officers’ failure to institute action even after police investigations confirmed the man who grabbed his family land used forged documents to acquire a Title Deed.

The top police officers, who should be at the forefront of fighting endemic corruption within the Police Service, ignored to respond to Gichimu’s letters – some of them copied to their Cabinet Secretary Fred Matiang’i and also to their overall boss President Uhuru Kenyatta. That way the President also takes blame that he is not fighting corruption now a multi-billion-shilling evil industry.

Further, at the centre of criminal negligence is the DCI refusal to respond to a letter by the Ministry of Lands and Physical Planning that sought to establish whether the documents used to obtain the title deed to Ngara’s land were forgeries.

A report received by DCI Forensic Document Examination Section dated August 28, 2020 conclusively confirmed that indeed the land grabber Thuo Ngara committed an offence of forgery contrary to section 349 of the Penal Code, when he uttered the documents to the Ministry of Lands and obtained a Title Deed. 

The forgery documents were examined on Thursday May, 9th, 2019 yet Kandara DCI Occurrence Book Report shows the report was made over a year earlier on June 20, 2018. The forensic officer’s report never arrived at the forensic section in Nairobi over a year later on August 28, 2020 – total manifestation of gross inefficiency in Directorate of Criminal Investigations department.

Similar chameleon-speed investigations have been demonstrated by DCI the latest being the closure of Ministry of Lands Ngong’ Registry office since November last year to date after claims of corruption. No one has been charged as thousands of land sellers and buyers suffer delays of their documents processing. Similarly massive corruption and theft in many public institutions, including Maasai Mara University, take eons to charge the culprits.

Many of those cases take long for DCI to investigate during which corruption becomes a lubricant to grease the investigators’ palms and criminals get away with crimes. It is becoming increasingly clear that DCI is the greatest impediment to the War on Corruption in Kenya.

As a matter of fact the Kenya Police Service vetting four years ago revealed that it is a leading government agency which makes overnight millionaires in the shortest time. Highway patrol and investigations sections are the most lucrative. Corruption within the Police Service is endemic cancer in Kenya. In Kenya a majority of millionaires and now billionaires are men and women serving as public officers whose investment to their wealth is corruption.

Indeed, Mzee Ngara’s land grabber is reported to have been arrested but later freed after buying his way out to fish for fabricated Court cases that had nothing to do with his forgery. To him and many others in corruption industry the key to wealth is bribery. Born in 1924, Ngara is a victim of Kenya’s most corrupt institutions – the police and judiciary.

The younger brother Thuo fraudulently grabbed the land by uttering forged documents to the Ministry of Lands but instead of being prosecuted for forgery, he became a cash cow for the police. He walks free for a fee. Thuo also changed his identity card names to be a stranger from his brother. Forged documents cannot transfer land ownership except by corruption – of which the lands department is not a stranger.

Here below is Mzee Ngara’s letter to IPOA.

February 4, 2021

Independent Policing Oversight Authority 

P O Box 23035-00100,

Nairobi

Attention:

Chairperson

Anne Makori

Dear Madam,

Re: Director of Criminal Investigations and Police Inspector General have refused to take action against grabbing of my family land through forged documents:

On February 18, 2019, my family and I  wrote a desperate letter to the Directorate of Criminal Investigations (DCI) addressed to its director George Kinoti seeking assistance over myland that my younger brother Thuo Ngara fraudulently grabbed by uttering forged documents to the Ministry of Lands.

We requested the DCI Mr Kinoti to resolve a tussle that has sapped my energy for over 40 year, by simply establishing criminality by my brother who forged documents to get a TitleDeed to my land. 

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 the head of Directorate of Criminal Investigations in a cover-up conspiracy.

The sequence of the conspiracy is as follows;

Scene 1:

We wrote the following letter to Mr Kinoti, signed by my 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.

Mzee Ngara frustrated by police abetting corruption

Scene 2:

Mr 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.

————————————–

Scene 3:

The DCI headquarters never responded to our letter. Six month latter my five children  and Ion August 31, 2019 wrote another letter to Mr 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 Kariukicommunicated 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’soffice unlike Karoney’s office never followed up the old man’s letter.

————————————–

Apprehensive son Julius Njoroge Ngara listens to his father’s agonizing tribulations thanks to DCI Konoti at a Press Conference mainstream media ignored chasing politicians meetings for bribes

Scene 4:

Again DCI Mr Kinoti or any of his officers did not respond and after another six months on January 20, 2020 we 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. 

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 we 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.


Scene 5:

Realising the the Director of Criminal investigations would never respond to my plight and the fact that the sun does not wait for the King, we decided to write to the man in charge of the entire 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 us 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.

Forensic document examiner report confirmed forgery

The investigation on Ng’ang’a’s documents followed the request by the Ministry of Lands but the findings were never forwarded as requested. Mr 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 last year and detained overnight but released to go and fish for documents he said were two judgements against me. 

  1. One appeal judgement was about a case involving Thika-based Pineapple grower Delmonte against an individual.
  2. 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 – yet their subject matters were not related to the farm he grabbed.

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.

Conclusion:

Directorate of Criminal Investigations Negligence

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.

Specifically, the DCI functions envisaged in the Service Standing Orders, are as follows:

Ngara proposes a senior citizens desk in police stations

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

  • The functions of the Directorate are; 
  • collect and provide criminal intelligence;
  • undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, economic crimes, piracy, organized crime, and cyber-crime among others;
  • maintain law and order;
  • detect and prevent crime;
  • apprehend offenders;
  • maintain criminal records;
  • conduct forensic analysis;
  • 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;
  • co-ordinate country Interpol Affairs;
  • investigate any matter that may be referred to it by the Independent Police Oversight Authority; and 
  • Perform any other function conferred on it by any other written law.

Functions of the Director

  • 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:- 
  • Implementation of the decisions of  the Inspector-General; 
  • Effective and efficient administration and operations of the Directorate;
  • Strategic guidance and direction for the Directorate;
  • Preparation of the budget and planning for the Directorate
  • Monitoring and Evaluation of  the Directorate; 
  • Supervision of the Directorate;
  • Coordinating training, research and development in the Directorate; 
  • Internal oversight of the Directorate; 
  • Improving transparency and accountability in the Directorate.
  • 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
  • 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. 

The open and contemptuous nature of police negligence when dealing with old folks is not fair.

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

Yours faithfully.

Gichimu Ngara

Victim of Police negligence frustrated in pursuit of justice in compliance with maintenance of Law and Order

Last Word:

The Police Inspector General and Director of Criminal Investigations must understand they hold the offices they occupy at the pleasure of Kenya Citizens who are their employers and they have a duty to respond to their complaints promptly. That is not a favour but a duty they ARE PAID FOR.

The two are further on the frontline of combating corruption and like their German Shepards smell criminals from wherever they hide, they too should use their heads to fight the menace that costs the country Ksh 200 billion a day much of it used in protection fees by the corrupt to escape justice. Otherwise they should ship out.

The best IPOA will do is recommend that they prosecute the crooked land grabber and that should be done without delay if so ordered. The message should be that Police must join in Corruption Public Participation Awareness campaigns.