Joshua Kulei, a former prison warden who rose to become one of the most powerful figures in President Daniel arap Moi’s administration, has been sued for alleged illegal acquisition of public land in Nakuru County valued at over Sh14 billion.
The three pieces of land- measuring 934.9 acres- along the Nakuru-Eldoret highway once belonged to the Agricultural Development Corporation (ADC), before numerous transfers that saw the prime property land in the hands of Mr Kulei and his companies, Sian Enterprises and Chemusian Farm Ltd.
Currently, the land hosts Sian Roses, one of Kenya’s largest exporters of rose stems, and whose developments would significantly push the property’s value past the Sh14 billion cited in court papers.
Sian Enterprises, which owns the flower farm, is part of a massive asset book Mr Kulei built while serving as President Moi’s personal assistant, thrusting him into the exclusive billionaires’ club by the time the Kanu administration left office in December 2002.
The company is part of the Sovereign Group, which also has companies in several industries including extractive, logistics, media agriculture and hospitality.
Activist Juma Okumu has filed a petition at the Nakuru High Court, in which he claims that Mr Kulei took advantage of his days as one of Kenya’s most powerful individuals and colluded with the ADC and other individuals to acquire the land without paying a cent.
In his petition, Mr Okumu wants the court to revoke the title deeds currently held by Mr Kulei’s companies, or in the alternative compel them to pay for the land at current market rates and compensate taxpayers for the loss suffered by the allegedly illegal acquisition of the property.
In response, Mr Kulei says that he acquired the land legally, but insists that only the ADC has a right to question whether payment was made for the property.
Mr Kulei adds that he and other individuals that acquired land from the ADC, before transferring them to his companies, had valid contracts under which the State corporation would have taken legal action if no payment was made.
Mr Okumu, however, maintains that the transfers were a well-planned collusion with officials of the ADC, as he says no money exchanged hands in line with the transfer documents.
The first parcel of land registered as L.R. number 13287/1 and measuring 681.9 acres was transferred to former Chief of Defence Forces, General Jackson Mulinge, on March 3, 1986.
The transfer documents indicate that General Mulinge was to pay the ADC Sh3.45 million for the land. But Mr Okumu holds that he did not pay anything.
General Mulinge transferred the land to Chemusian Farm Ltd, owned by Mr Kulei, on July 23, 1990.
Chemusian Farm transferred the land to another Kulei-owned company, Sian Enterprises Ltd, on October 2, 1998, just two years after the acquisition.
The ex-military chief, who was also Kenya’s first ever post-independence four-star General, died on July 16, 2014, aged 91.
Mr Okumu has enjoined the former military man’s kin, Patrick and James Mulinge as respondents in his petition.
The second piece of land registered as 13287/2 and measuring 233 acres and was transferred to Mohamed Haji Mohamed on December 31, 1986.
The transfer documents indicate that he was to pay the ADC Sh279,960. Again, Mr Okumu argues that the amount was never paid.
Mr Mohamed transferred the land to Chemusian Farm. Much like it was with the 681.9-acre parcel, Chemusian transferred the one it acquired from Mr Mohamed to Sian Enterprises.
The third parcel measuring 20 acres was transferred to Mr Kulei on April 24, 1992. The transfer documents indicate that Mr Kulei was to pay Sh24,000 for the land, but Mr Okumu insists that the former Moi aide did not pay anything.
In response to the petition, Mr Kulei argues that the three purchases from the ADC were based on contracts between the three individuals and the State corporation, hence their dealings are a private affair.
“On 2nd April 1992, I was issued with a certificate of title with the consent of the 1st respondent (ADC), thus confirming that all obligations had been met by all the parties to the sale. Whether or not the transfer prepared and executed by the 1st respondent confirmed actual receipt of the purchase price is a question that must be raised by the 1st respondent and not the petitioner (Mr Okumu),” Mr Kulei says in his affidavit.
The former personal assistant denies that he was a powerful individual in the Moi-era, claiming that he only held the small role of setting appointments for members of the public who wished to meet the then President.
Mr Okumu says he has sued out of public interest as Kenyans lost money and the land through the allegedly dubious transfers and wants the court to intervene.
He adds that the information has only come to his attention recently, despite the ADC’s refusal to release information to him on the land deals.
On Monday, Justice Anthony Ombwayo ordered the parties to file their written arguments and appear for highlighting of those submissions on November 27.
