Director of Public Prosecutions Keriako Tobiko is highly to blame for the bungling of Pattni’s prosecution in the Goldberg scam. Tobiko is also, responsible for the events leading to Pattni’s exoneration from criminal and civil liability by Justice Mutava. Tobiko and Pattni come a long way. Tobiko was Pattni’s Advocate in a scandal where Kenya Airports Authority (“KAA”) lost over 500 acres of land to World Duty Free Company Limited. Pattni owns the company. KAA is the registered owner of property Land Reference Number 21919 contained in Grant Number I.R. 70118 issued on 26th July, 1996. The land measures 4,674.60 hectares. An elaborate scheme was put up by certain officers at the Lands Office to steal part of this land. Pattni, Hon. Muite and Tobiko would feature prominently and benefit from the theft or related transactions.
The theft was structured in a very simple way. Pattni, Tobiko and their accomplices at the Lands Office created a parallel title for the property of KAA. The parallel title is for Land Reference Number 24937 contained in Grant Number I.R. 90243 issued on 16th January, 2002. The land measures 4,459.1 hectares.
This is the very same piece of land registered in the name of KAA on 26th July, 1996. The only difference being that 215.5 hectares of the land are “lost” in the creation of the latter title. The title is fraudulently represented to have been issued to KAA. The KAA has denied knowledge of the parallel title issued on 16th January, 2002. Let us see who stole the 215.5 hectares and how it was dealt with.
There are three Leases over the second parallel title issued on 16th January, 2002 allegedly to KAA. The Leases are alleged to have been given to World Duty Free Company Limited by KAA. The Leases were drawn by Keriako Tobiko as the common Advocate for KAA and World Duty Free Company Limited. Tobiko was Pattni’s Advocate in the transaction.
The first Lease dated 29th January, 2003 is for 10 years. The rent is US $ 409, 446.00 per year. The area leased is 2,047.96 sq.m. The second Lease dated 29th January, 2003 is for 10 years. The rent is Kshs. 2,086,008.40 per year. The area leased is for 123 sq.m. The third Lease dated 24th September, 2002 is for 45 years.
The rent is Kshs. 3,875,125.00 per year. The three Leases were registered against the title of the property of the parallel title on 28th March, 2002 and 11th March, 2003. The Leases are the subject matter of a protracted battle in which Justice Mutava ruled in favour of Pattni in suspicious circumstances.
In the meantime, several titles were created for the 215.5 hectares stolen from KAA. The titles include Land Reference Number 9095 contained in Grant Number I.R. 89497 issued to Senator Services Limited on 2nd August, 2002. The land measures 2 hectares.
The title was signed by Sammy Silas Komen Mwaita as the Commissioner of Lands. Mwaita was a shareholder and director of Senator Services Limited. The land would later be transferred to Vekariya Investments Limited on 10th February, 2009 for Kshs. 25 Million.
The Purchaser had been defrauded. KAA would later come to reclaim the stolen 215.5 hectares whose portion had been sold to Vekariya Investments Limited. No one has to date mentioned the role played by Tobiko in the theft and how he would later, assist Pattni in Goldenberg.
On the other hand, Hon. Muite would again feature prominently in the saga. Hon. Muite acted for Pattni’s adversary in the control of the Duty Free Complex at the Jomo Kenyatta International Airport, Nassir Ibrahim Ali.
The dispute would end up at the International Center for Settlement of Investment Disputes in Washington DC, USA. Serious allegations of bribery would be raised by Hon. Muite against State Officers. The resolution of the dispute is far from over.
It is still live in Kenyan Courts.