Police have been allowed to detain seven suspects, among them two senior land officers, accused of being behind fake title deeds.
Milimani Senior Principal Magistrate Rose Ndombi allowed the police application to detain the suspects for 10 days to allow detectives to complete investigations into the alleged scam.
The suspects are Dan Odero Okoth, Emmanuel Mutuku Matheka, Nicholas Mukuna Muyela, Livingstone Ambayi Munala, Kennedy Mulatya, Paul Mungai Kimani and Leonard Clifford Wafula.
“I find that the prosecution has established that there is ample evidence to warrant the detention of the suspects,” the magistrate ruled on Wednesday.
The prosecution had asked the court for more time to allow police to complete their investigations into the allegations.
Mr Okoth and Mr Matheka are said to be senior officials at the Ministry of Lands, while Mr Wafula is an Administration Police officer. They are suspected of stealing government supplies used to print title documents, and using them to create fake titles.
The magistrate heard that the lands officers and the police officer allegedly stole the documents before handing them over to land brokers who print fake land title documents that are issued to unsuspecting people.
“The suspects are allegedly involved in forgeries of some ... documents, which include letters of allotment, deed plans, certificates of titles, certificates of leases, transfer of land documents, indentures, among others,” the prosecution said.
The court heard that the two officials work with “rogue land brokers to conduct land fraud at the state department for lands and physical planning”.
“The duo allegedly supply blank lands documents, facilitate stealing of files from strong rooms, share contents of physical files and facilitate filing of forgeries into manual registries,” Ms Ndombi was informed by a state prosecutor at the Milimani law courts on Tuesday.
It is alleged that Mr Munala was behind the forgeries, while Muyela was an alleged land broker.
Police said Muyela, who runs a hotel within the precincts of Survey of Kenya, allegedly facilitates the retrieval of the contents of physical files and the filing of forgeries through Matheka.
He also shares information with Okoth, who liaises with document forgers.
“Our intelligence has established he (Muyela) resides in Dandora, Nairobi County,” investigating officer Nicolaus Osuri said in the evidence presented to the court.
Police said Mr Munala, who has four mobile phones, allegedly assists land brokers in sourcing and printing counterfeit land documents, which are later entered into the Lands Ministry’s digital and manual registries, thus defrauding genuine land owners.
“Munala is working with other unidentified individuals, who forge lands officials' signatures, registrar stamps, and backdates the documents to appear genuine,” the prosecutor said, urging the court to remand the suspects for 14 days.
The court heard that Munala is a freelance operator who does not have a fixed office in Ngara area in Starehe sub-county, but resides at Obama estate along Kangundo Road.
Ms Ndombi heard that Mulatya allegedly helps rogue land brokers to print counterfeit lands documents that are later recorded in the Ministry of Lands' digital and manual registries.
Mulatya is accused of working with Munala to forge allotment letters, title deed plans, certificates of titles, transfers, indentures, among other documents.
“He works with Munala to forge lands officials’ signatures, registrar stamps, and backdates the documents to appear genuine,” Mr Osuri said in a supporting affidavit.
Kimani is said to supply printing paper to individuals who allegedly process forged and fraudulent land documents in Nairobi County.
Wafula, the magistrate heard, allegedly supplied government stores.
“Together with others, the suspects forge official stamps and signatures more so for the retired civil servants and or deceased former staff of the State Department of Lands and Physical Planning,” Mr Osuri said.
The magistrate was urged to detain the suspects for 14 days to enable police visit the residential and office blocks from where they operate to cart away documents, laptops, computers and other documents.
Mr Osuri said he and other DCI officers will visit Kamulu, Tena Estate, Dandora, Obama Estate, Marurui, Kirinyaga Road, Terry House-Ground Floor, Umoja Estate and Njepark Apartment, House No.3D in Umoja Innercore.
Defence lawyer Felix Keaton opposed the 14-day detention plea, saying no compelling reasons have been advanced to warrant the incarceration of the suspects.
Mr Keaton said bail is a constitutional right and urged the magistrate to exercise her discretion by rejecting the DPP's detention request.
The matter will be mentioned on April 11, 2025, for further directions.
