[quote=jaggernaut]Have seen the information below regarding the syokimau land on another forum and it sheds some more light on the issue. And I quote:
Quote:
Spent the whole day at survey of kenya digging
for original maps to aid in getting compensations for those who lost their properties. What we have
managed to get are 3maps. A 1997 one with a
very straight line..the demolished houses were not within KAA land at first. Then we have a 1999 map with a dotted curved part extending outward. The outward extension is marked 'as flight path
indenture.' this part originally belonged to
Syokimau Farm ltd. It was consolidated with the
existing KAA land and given and map sub f.r
number (not to be confused with lr). Somehow, this curved alteration in the map never made it to the final production at survey. The third map is same as the 2nd one only that the curve is now subdivided into smaller plots.
From my own judgement, some chaps at KAA and survey altered the map before it got to Production. So instead of the curve remaining as a single parcel registered in
the name of KAA, it is numerous smaller plots.
The next step was for these chaps to get deed plans for the smaller plots. This is also done at survey. In land ownership, u must must first have a deed plan or mutation before you apply for title.
The funny thing with the disputed plots is that some were registered under Registered Land Act (cap 300) while others under Registration of Titles Act (cap 281).. Acquisition of titles under cap 281 is processed at nairobi central registry while cap 300 is majorly done at the local district.
That inconsistency should have raised the first red flag. It did not.
When orengo said in parliament that the
title deeds are forgeries, he lied. Each of those titles
have a file either at nairobi central registry or
machakos district. Now, it is from these files that a
search is carried out. Until 2009, there were 3 forms of searches: postal, official and personal.
Lets focus on the latter two. When doing an official search, the property owner will never know much historical info abt the property. In most cases, what you are gvn are the current owner, size, encumbrances etc. However, a personal search gvs u all the available info since you are allowed to personally inspect the file. It was stopped in 2009 for good reasons.
Now lets go back to the deed plans. Getting a title takes abt 1 month if u have a deed plan. In early 2001, KAA realized that some people had started building on this land. They dismissed it as the kawaida squatters. However, KAA soon found out that these settlers had
titles..and each title had a file at the relevant
registries. The ownership by the settlers was now
legal though illegitimate!
who paid for the subdivisions of the curve?
who were the registered owners before they were sold to the innocent third parties?
why did banks give
mortgages despite a KAA caveat emptor of 2004?
how did Orengo fail the innocent buyers?
in 48 hours i'l gv my opinion.[QUOTE]
Sooner or later, a smart lawyer will soon emerge, win the case with solid facts and create precedence/new laws which will put to rest this confusion between various arms of Govt with citizens on the loosing end.
Am sure the country has enough of them ...
As Iron Sharpens Iron, So one Man Sharpens Another.