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They took away the fruits of my labour
Sheraw9
#1 Posted : Thursday, May 28, 2009 9:59:00 AM
Rank: Member


Joined: 9/6/2006
Posts: 13
His should have been a happy comeback to his homeland after having lived and worked hard in the US.

But Captain Kariuki Wachira’s return to Kenya,where he had hoped to savour the fruits of his investments made while abroad,has turned into a nightmare.

His Sh25 million real estate investment that could have been the first of many is now the subject of a land ownership tussle after he found an imposter had sold off the property.

The property is now valued at Sh65 million.












Captain Kariuki Wachira,who claims to be the owner of a house in Nyari estate Nairobi,which is at the centre of a Sh25million fraud case.





Wachira,who lives with his family and works in America as a pilot,bought a prime piece of land in the up market Nyari estate,in 2005.

Dream home

He constructed a double storey four-bedroom house,complete with a garage and staff quarters.

It was the dream home he hoped to retire to when he returned with his family.

Little did he know someone would take advantage of his absence to transfer the property and sell his house.

'It saddens me that my efforts and hard work have been reduced to forged documents. Someone has the audacity to steal such an investment that does not belong to him. No way!' an angry Wachira said.

This comes just weeks after The Standard highlighted fears expressed by Kenyans abroad that some corrupt Government officials have been conniving with impostors to sell off their property.

Yesterday’s edition of The Standard’s CCI pullout magazine highlighted a story of a 70-year-old widow whose flat in Eastleigh estate was fraudulently transferred to someone else while she was holidaying in the US.

Valid documents

According to Wachira,who has all documentary evidence,trouble began in 2007,when a Mr Michael Mwangi Ngugi claimed to have been given power to act on behalf of Monicah James (Wachira’s wife) using a forged power of attorney alleged to have been drawn by a city advocate,who has since denied the claims.

Ngugi as ‘vendor’,with the use of the power of attorney and through another advocate prepared ownership transfer agreement documents on behalf of Monica.

But the transfer ‘agreement’ lists the wrong passport number of Monica though that did not stop the transfer of ownership of the property to a Mr Joseph Muriithi Kanyita (purchaser) at Sh4.2 million.

'In fact,all these people share an office,' Wachira said,showing the passport numbers of his wife and voluminous documents of the house in contest.

Later this year,after the alleged fraudulent transfer was sealed,Mr Kanyita said he had obtained a loan using the house as security and then sold the house to Mr John Maina Mburu for Sh25 million,of which Sh20 million was taken as redemption amount to settle the bank loan.







The house in Nyari estate Nairobi,which Captain Kariuki Wachira says is his.







Sealed deal

After the sale agreement deal was sealed in January,according to Wachira,Mburu moved into the house and chased away Wachira’s caretakers.

While in the US,Wachira had the incident reported to Nyari Police Post,but no action was taken.

'I called the station and even sent my guards to report the incident,but no one was willing to assist,' Wachira said.

Wachira then took the first flight home to confront the ‘new owner’ of his house.

'It was a scuffle here. I cannot allow anyone to sit on my sweat,whatever the deal was or whatever happened,it doesn’t concern me,' he says.

Protect new owner

He arrived at the locked gate and banged on it,but he was shocked to find police were ready to protect the ‘new owner’.

'I am so mad the police sent officers today to block me from gaining access to my compound,' he said.

'They are partisan,why didn’t they do the same when I called that someone had invaded my property,' Wachira asks,almost in tears.

Wachira faults the Land Ministry officials for conniving with cons to doctor documents that might have been used to defraud him of his property.

Although Lands Minister James Orengo has initiated an intensive investigation on senior staff members at the ministry,who are allegedly participating in the issuance of fake title deeds,Wachira and others who have been kicked out of their property are left clutching original papers,but in the cold.

'If the Government cannot protect us from these cartels,it means there is no need to invest at home,' Wachira said.
Banjukashares
#2 Posted : Thursday, May 28, 2009 10:10:00 AM
Rank: Member


Joined: 4/26/2008
Posts: 7
Very sad story:(

1+1=2
Chaka
#3 Posted : Thursday, May 28, 2009 11:09:00 AM
Rank: Elder


Joined: 2/16/2007
Posts: 2,114
Question,

Why did the gentleman register the house in his wife's name?Could she have connived with the swindler ?


Lyanne
#4 Posted : Thursday, May 28, 2009 11:30:00 AM
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Joined: 5/5/2009
Posts: 181
I honestly feel this guy's pain. But i ask,since the time he was informed his plot was sold off and now,what took him so long to fight back?

The Hedonist
swaka
#5 Posted : Thursday, May 28, 2009 9:57:00 PM
Rank: Member


Joined: 8/18/2006
Posts: 8
Lyanne - Fighting back needs money and time. imagine what it will take you to get time off from work to sort out such an issue,kama uko Kenya,it might be easier to fight back immediately but it's still the same thing time from work and money.

This guy is all the way in the states,it's not so easy for him to take an 'unscheduled leave' to take care of personal issues. His scenario is really discouraging,and a painful lesson and wake-up call to diasporians who are dreaming of following the same path as him.

We are perceived to have no regard for human life thanks to our disputed election and the aftermath,and most recently the extra-judicial killings. And now we also have no regard to property rights,that's quite unfortunate.

Kuanzia NSE to Ministry of Lands and a Judiciary which has ground to a halt. It's terrible.


Investing in stocks without doing the homework that lets you arrive at a fair estimate of the value of business it represents,is like buying a house without ever having stepped inside.
Mainat
#6 Posted : Thursday, May 28, 2009 10:16:00 PM
Rank: Veteran


Joined: 11/21/2006
Posts: 1,590
Sio kwa umbaya,but Kenyans and other people's money should not and don't mix. I know of countless court cases,waved rungus etc that attest to this.

www.mjengakenya.blogspot.com
Sehemu ndio nyumba
MoKenya
#7 Posted : Thursday, May 28, 2009 11:03:00 PM
Rank: Member


Joined: 3/17/2008
Posts: 25
Outrageous,disgusting!

Though such a thing can happen anywhere,it is more likely to happen in Kenya. It is unimaginable how such levels of illegal collusions are abbetted by all levels of government.

My plans have changed with immediate effect! It is time to seek opportunities elsewhere.
gk
#8 Posted : Friday, May 29, 2009 6:22:00 AM
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Joined: 5/17/2008
Posts: 488
This aint nothing new...... i read in the Standard this week that countless Kenyans have been swindled off their properties at Eastleigh.......

......there was this 70 yr old lady whose storeyed building was sold while she had to Stato o visit her daughters among other cases.

...this a complex network of corrupt land officials,lawyers,police and of course ordinary greedy citizens






leona
#9 Posted : Friday, May 29, 2009 6:29:00 AM
Rank: Elder


Joined: 8/1/2008
Posts: 1,432
Location: Marsabit
Its very sad but such stories are very rumpant in Kenya. Even family members cannot be trusted to invest for you back home when you're abroad! We live in very bad and hard times...people want to live off other people's sweat:(

Advice is what we ask for when we already know the answer but wish we didn't..
Nevermind what haters say, ignore them til they fade away - Just live your life
myks
#10 Posted : Friday, May 29, 2009 6:44:00 AM
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Joined: 8/14/2008
Posts: 107
its a man eat man and woman society

Gravity; Its not just the law,its reality.
MoKenya
#11 Posted : Friday, May 29, 2009 1:00:00 PM
Rank: Member


Joined: 3/17/2008
Posts: 25
It is saddening to learn that outright thuggery can be viewed as normal in a society. People con others all the time,but through more wily methods not the callous corruption so evident in government and citizenry in Kenya.

No wonder people also show scant respect for life too. It is the same trait.

Curiously,would anyone attempt the same trickery on a property having a mortgage balance? i.e would they be willing to steal the property and the mortgage balance too?
Kaigangio
#12 Posted : Friday, May 29, 2009 2:58:00 PM
Rank: Elder


Joined: 2/27/2007
Posts: 2,768
This is a case of a government abetting to take from the citizenry through fraud.

mokenya,there is nothing impossible in kenya....title deed has proved to be a mere paper in the past and believe me these con-vernment officials in collusion with their property cowboys could do the same to the property having mortgage balance and you (the owner) of the property is left servicing the mortgage!!!


NEVER TALK OF A RHINO IF THERE IS NO TREE NEAREBY - ZULU PROVERB
...besides, the presence of a safe alone does not signify that there is money inside...
Obi 1 Kanobi
#13 Posted : Friday, May 29, 2009 3:31:00 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
I don't mean to be insensitive but to me this story has so many gaps. I have been involved in the purchase of property in Nairobi and the process was really rigourous,it involved so many lawyers and paperwork and literally takes forever.

I don't understand how this guy could have his property sold twice without his knowledge,

- the second buyer (assuming he was the innocent buyer) had to come to view what he was buying,why didn't the owners caretakers tell him about this before the purchase was done.

- Again,the second buyers' lawyer should have done the usual land search and other due diligence,unless he was part of the collusion which would void the sale to the second buyer.

- How could this property be used to secure a loan by the first buyer,which bank is this. Besides,the rational move by the first buyer would have been to leave the bank with the property and keep the Sh.20m loan.

- And finally,the first buyer by divulging the details of the amounts he made from the proceeds should be aware that under the law all those proceeds (25M) will be recovered whether he purchased the property knowing it was stolen or not.

I am sorry if the story is true but I can't help picking up so many missing pieces in it,

A 65m ($1m) house is not a pencil that just gets stolen and life goes on. I don't understand this story.

Another piece of Kenya's Journalistic masterpieces








I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
MoKenya
#14 Posted : Friday, May 29, 2009 5:51:00 PM
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Joined: 3/17/2008
Posts: 25
Obi,

There are admittedly pieces in this puzzle that do not fit.

It is imperative to know what relationship Captain Kariuki had with the said culprit,Michael Ngugi. If they dealt together before,was there a fallout between them two? Did Michael,who may have been privy to Captain Kariuki's financial and personal info,use the opportunity to settle a score?

Lack of mention of due diligence in the exchange of money and property also points to a misnomer. I have been told,and you have mentioned it,that the property purchase process in Nairobi is very rigorous,(with the right lawyer/law firm - crooked ones exist),so the second buyer sounds more like another party in the collusion.

Neither the Standard article,nor Captain Kariuki mentions the name of the bank. It would be interesting to know which bank this is,that does not verify property ownership (feuds) before extending credit. That is a bank to avoid


However,why the article succeeds in raising some emotion is the fact that it is not an unlikely situation and can sound credible when you involve corrupt lands officials and police. If I recall well,there is a time when more than two titles were been issued for the same piece of land...

itz
#15 Posted : Saturday, May 30, 2009 12:19:00 PM
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Joined: 3/20/2009
Posts: 348
Indeed this is a sad story which goes to show one of many major failures of the government to protect its citizens and their rights to own property.It doesnt make sense for government officials to travel to foreign countries and tell kenyans or foreigners to invest in the country yet they(the govt) cannot protect the basic right of one to own property.well on that rant,i happen to know the victim Mr Wachira and the first buyer Mr. Murithi from a visit to san diego back in 2004.They both lived there but Mr Murithi moved back to kenya sometime back and i assume he must have known that Mr Wachira was building in kenya.Mr Murithi was known to pull some shady deals even when lived back here in the states including abandoning his property in the states when he moved back to kenya.I wonder what the law in kenya says about forging documents and selling other peoples property.The govt needs to shut down the lands ministry,clean it up top to bottom as they send people to kamiti for a very long time.Kenyans ought to be very outraged about this.
MoKenya
#16 Posted : Saturday, May 30, 2009 12:30:00 PM
Rank: Member


Joined: 3/17/2008
Posts: 25
I have since learnt from undisclosed sources that know Captain Kariuki back in CA,that he too does not have a credible past either,so my theory about a settlement of scores may be unravelling!

If there are people out there in the know,it may be worth it to tell what you know,to ease any concerns others may have about investing back home...


Obi 1 Kanobi
#17 Posted : Saturday, May 30, 2009 1:00:00 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
@ITZ

You just confirmed my suspicions,this is all a con job. All the characters in this story are lying through their teeth. They probably created the entire scam.

This story lacks mention of any specific people and does not demonstrate how the lands ministry was involved in the scam yet it heeps all the blame on the government.

Now ITZ is claiming that the owner and the first buyer know each other and lived together in the US.

The question now is who do they want to con.


I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
itz
#18 Posted : Saturday, May 30, 2009 1:47:00 PM
Rank: Member


Joined: 3/20/2009
Posts: 348
@ Obi. i did not say they lived together.they both lived in san diego,CA which should not be misconstrued to mean they lived together.The guy Muriithi was roommates with my cousin and i met mr. Wachira at a bash in san diego during my visit there.all am saying is that Mr Murithi must have known that the captain was building maybe through hearsay. Not too long ago there was another story published in the standard of a kenyan guy who lives in the US and something similar happened to him.His property was sold without his knowledge.
Obi 1 Kanobi
#19 Posted : Saturday, May 30, 2009 2:45:00 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
I don't think I said they lived in the same house,I said they lived together in the US,these are 2 different statements

I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
tonicasert
#20 Posted : Monday, July 27, 2009 5:19:00 AM
Rank: Member


Joined: 3/10/2008
Posts: 301
Location: Abu Dhabi
Seems the story was deeper...

http://www.nation.co.ke/...8/-/ulhq91/-/index.html

Trust Standard for such stories!
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