The Director of Public Prosecutions (DPP) Noordin Haji has directed the Directorate of Criminal Investigations (DCI) to investigate the alleged grabbing of 66,862 acres of Giriama Ranch in Bamba, Kilifi County within 21 days.
The Mombasa High court has already issued temporal orders stopping Garam Investments from auctioning the ranch in Ganze Constituency over a Sh285 million debt.
The auction was set for Monday in Mombasa on behalf of Development Bank of Kenya.
AUCTION STOPPED
The order stopping the auction has saved more than 3,000 people, who have resided at the farm for year, from imminent eviction.
Senior Assistant DPP Lillian Obuo issued the directive following a letter by Kilifi North MP Owen Baya to investigate the fraudulent auction of the public owned ranch.
In a letter dated July 25, 2018, the DPP Haji further directs the DCI to do the investigations expeditiously and forward the duplicate police file for directions within 21 days.
“In addition, please be advised to laisse with the Asset Recovery Agency to file the requisite application to court under the proceeds of crime and Anti-Money Laundering Act,” states the letter.
This means that the DCI has only 16 working days left to complete the investigation before submitting the report to the DPP for further directions.
LOAN
The alleged loan is part of the Sh304 million that the bank loaned Riva Oils Limited, a company associated with former Labour Cabinet Secretary Samuel Kazungu Kambi.
In the Civil Suit No 59 of 2013, at the Commercial Division of the High Court at Milimani in Nairobi, Development Bank of Kenya Limited is mentioned as the plaintiff while Mr Kambi is named as the third defendant with Riva Oils named as the first defendant.
Mr Ezekiel Karisa Kitsao and David Komen Tuitoek were named as second and fourth defendants respectively.
FRAUD
Locals claim the politician fraudulently used a provisional title deed from Giriama Ranching Company Limited to acquire the loan, repaid some of the money but defaulted on Sh258 million, forcing the bank to go for the land listed as the guarantor.
The Kilifi North MP has on several occasions said the transaction is a scandal perpetrated against the people of Kilifi by their own leaders and called upon the DCI to investigate the matter in order to unearth the truth.
Mr Baya has accused the directors of Riva Oils of stealing the land and using it to guarantee the loan at the expense of the community.
Last week, Ganze MP Teddy Mwambire led hundreds of residents in demonstrations in Bamba to protest over the alleged fraud saying he will move to Parliament to stop cases of land grabbing in the Coast region.