Former MP Arrested in Ksh56 Million Land Fraud Scandal

Former Tigania East MP Josphat Gichuge Mwirabua, popularly known as Kabeabea, has been arrested over an alleged land fraud scheme in which unsuspecting buyers are said to have lost more than Ksh56 million. 

In a statement on Tuesday, June 9, the Directorate of Criminal Investigations (DCI) said the former lawmaker and ex-Chairman of the Anti-Counterfeit Authority was apprehended by officers from the Land Fraud Investigations Unit (LFIU) after investigations linked him to multiple fraudulent land transactions.

The DCI said the suspect allegedly defrauded investors through land deals conducted under Diamond Property Merchants (DPM) Ltd.

"Detectives from the DCI Headquarters' Land Fraud Investigations Unit (LFIU) have apprehended Josphat Gichuge Mwirabua, aka Kabeabea, a former Member of Parliament for Tigania East and ex-Chairman of the Anti-Counterfeit Authority (ACA), for duping unsuspecting land buyers out of over Ksh56 million," the statement read.

According to the agency, the first case dates back to 2016 when several investors purchased plots in Kajiado through the company.

"The scandal first came to light when a complainant revealed that in 2016, he and several other investors purchased plots measuring 50 by 100 feet from Diamond Property Merchants (DPM) Ltd.

"Each investor entered into individual agreements with DPM Ltd and made their payments directly to the company's bank accounts. In total, these innocent purchasers deposited approximately Ksh16,476,950 into accounts belonging to the suspect," the statement added.

Investigators said the buyers later discovered that the land they had purchased had been transferred to other individuals and subdivided without their knowledge.

"However, they soon discovered that the parcel of land in Kajiado where their plots were supposedly located had been transferred to other individuals without their knowledge, and subdivision was conducted without their consent. This shocking revelation prompted the victims to report the case for investigation," the statement further read.

Following investigations, the case file was forwarded to the Office of the Director of Public Prosecutions (ODPP), which approved criminal charges against the suspect.

"Following a thorough investigation, the findings were compiled and sent to the Director of Public Prosecutions (DPP). Upon review, the DPP agreed with the investigators' recommendations to charge the suspect with the offence of Obtaining Money by False Pretences," the statement noted.

The DCI also revealed details of a second case involving Kabeabea, in which investors allegedly lost more than Ksh40 million after being promised land parcels complete with greenhouse facilities.

"In a separate case involving the same suspect, complainants reported that the accused, being a Director of Diamond Property Merchants Company Ltd, whose offices were located along Kimathi Street, Nairobi, advertised that the company was selling parcels of land in Kajiado that were to be equipped with greenhouses.

"The complainants paid various amounts totalling Ksh40,140,000. Unfortunately, the promised title deeds were never transferred, nor were the greenhouses installed," the statement read.

The DCI said prosecutors approved charges in the second matter as well, but the suspect allegedly failed to honour court summons.

"As investigations progressed, the DPP approved charges against the suspect. When summoned to appear in court, he defied the summons, prompting the Chief Magistrate's Court in Kajiado to issue a warrant for his arrest," the statement added.

Acting on the warrant, detectives tracked down and arrested Mwirabua on Monday, June 8.

He is currently in custody undergoing processing and is expected to be arraigned before the Milimani Law Courts before being escorted to the Kajiado Law Courts, where the arrest warrant remains in force.

This comes weeks after DCI announced the arrest of former Mathioya MP Francis Njakwe Githiari over an alleged Ksh6.4 million land fraud scheme. 

In a statement on Thursday, May 14, the DCI said the suspect was arrested following investigations conducted by detectives attached to the Land Fraud Investigation Unit.

"Detectives from the DCI Headquarters Land Fraud Investigation Unit (LFIU) have apprehended Francis Njakwe Githiari, a former Member of Parliament representing Mathioya, for allegedly defrauding an unsuspecting couple of Ksh6.4 million in a land fraud scheme," the statement read.

According to the agency, investigators said the complainants had entered into an agreement with Githiari for the purchase of land, with plans to construct a double-storey residential house on the property.

"The couple entered into an agreement with Githiari for the purchase of a parcel of land in Ngong, which was to be developed into a double-storey house," the statement added.

The DCI stated that Githiari reportedly introduced himself as both the seller of the land and the contractor tasked with overseeing the construction project.

Under the agreement, the couple was expected to make instalment payments towards the combined cost of the land purchase and construction works.

However, the arrangement reportedly took a troubling turn after the couple began hearing claims that the ownership of the land was being disputed by other individuals.

The DCI said the revelation raised concerns for the buyers, leading them to stop making additional payments as questions surrounding the ownership of the property intensified.

"However, during routine visits to the construction site, the couple overheard disturbing news: claims of ownership issues regarding the land had emerged, with other parties reportedly filing a case to assert their ownership. This revelation raised serious red flags, prompting the couple to halt any further payments," the statement further read.

An investigation was subsequently launched by detectives, who reportedly gathered evidence indicating that the money had been fraudulently obtained.

The case file was later forwarded to the Office of the Director of Public Prosecutions, which approved recommendations to charge the former MP with obtaining money by false pretences.