Tuesday, February 5, 2013

Ruto bought land with ‘fake’ deed, court told


By Isaiah Lucheli
Eldoret, Kenya: Documents and a title deed used to transfer a parcel of land to Jubilee coalition presidential running mate William Ruto were allegedly not genuine, as they did not originate from the Ministry of Lands.
Principal Land Adjudication Officer at the ministry, Kiogora Mburugu, also told the court a green card that contained ownership details of the land owned by Adrian Gilbert Muteshi had also been illegally expunged from the Eldoret Lands office.
The land’s official claimed there were inconsistencies in the transfer of land from Muteshi to Dorothy Jemutai Yator who eventually sold it to Ruto. Yator allegedly sold the property to Ruto, but Muteshi argues he never charged the property’s title to secure money.
Yator sub-divided the 100 acres into nine titles. Muteshi, who was displaced during the 2007 post-election chaos denied selling the land to anybody, insisting he is a victim of fraud, manipulation of government processes and unfair treatment.
Wrong process 
Kiogora told High Court Judge Rose Ougo in cross-examination that the ministry had revoked a title deed issued to the former MP and Yator and placed a caveat on the land until the matter was heard and determined by the court.
The former MP has been engaged in a court tussle over the ownership of land in Uasin Gishu County with Muteshi.
The process of issuing the title deed was also questioned, as it was given before the stamp duty was paid, which is against the rules. Kiogora told the court that even the registrar did not have powers to order for the issuance of deed before payment.
The court also heard that a letter by the ministry had indicated that Yator was in possession of the land as early as 1980 whereas at the time she was only six years old, which dealt a blow on the authenticity of the letter.
Another alleged inconsistency in the land transaction included a picture that was used in the transaction, as it did not belong to Yator who was present in court during the hearing of the suit.
Meanwhile, the MP was allowed by the judge to step down as a witness after an application by lawyers Kioko Kilukumi and Katwa Kigen. However, Muteshi’s lawyer Anthony Libulele opposed the move.

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