National Land Commission acting chairperson Abigail Mukolwe is the person behind her suspended predecessor’s problems in the SGR payout scandal, an official stated.
In court documents, Land Valuation and Taxation director Salome Munubi say the criminal proceedings are meant to settle personal vendetta between Muhammad Swazuri and Mukolwe.
Munubi was suspended and is charged alongside Swazuri and 13 others with purchase of dubious land for the standard gauge railway. She says the office of the Director of Public Prosecutions relied on false information given by Mukolwe and commission legal officer Brian Ikol.
“There was no basis to charge me as the said committee [the Review of Grants and Dispositions Committee] allegedly cancelled titles that were not existent and claimed to belong to the Kenya Railways Corporation when, in fact, no such land belongs to or has ever belonged to the corporation,” Munubi says.
She wants their prosecution declared an abuse of court process and dismissed. Also sought is an order to have the DPP direct the IG to investigate Mukolwe and Ikol for giving false statements.
Munubi says her work at the NLC entailed passing over to the commission CEO compensation advice prepared by their values.
She says that around October 2014, the Kenya Railways Corporation presented to the NLC a list of property it intended to compulsorily acquire for the SGR.
Munubi says the process of identifying land to be acquired was undertaken by the KRC, through its surveyors and designers. The railway agency identified affected parcels, while the NLC identified the affected individuals, she said.
She said the NLC deployed its valuation team and surveyors to the field to confirm the acreage and beneficiaries only after they got the KRC list.
Munubi says she flagged to the CEO, in a memo dated April 27, 2015, that some of the owners might not be genuine and sought assistance to establish the validity of the listed plots.
She says Mukolwe lied about the commission’s meetings. “I believe the vice chair lied in her statement of June 19, 2017, that upon receipt of the memo, she conducted hearings on February 9-16,” she says.