Former Internal Security Permanent Secretary Dave Mwangi, who served during President Mwai Kibaki’s administration, has been charged with a series of criminal offenses relating to a land fraud case worth Sh350 million. Mwangi, who was a prominent government official in the early 2000s, denied the five counts leveled against him, including conspiracy to commit a felony, forgery, and obtaining money by false pretense.
Mwangi appeared before Milimani Magistrate Benmark Ekhubi, where he was granted a bond of Sh20 million with an alternative bail of Sh5 million. The case is set to return to court on January 21, 2024, for pretrial directions.
The charges against Mwangi stem from a complex land fraud scheme involving a 3.7-acre parcel of land along Mombasa Road, Nairobi, valued at Sh350 million. According to the charge sheet, Mwangi conspired with unnamed individuals to defraud Hamsita Patel, who trades under the name Holloway Properties Limited, of the land in question. The fraudulent actions took place through the forging of official land documents and obtaining money under false pretenses.
One of the most serious allegations is that Mwangi forged the signature of former Commissioner of Lands, Sammy Mwaita, on a grant document purporting it to be genuine. In addition to Mwaita’s forged signature, the charge sheet claims Mwangi also forged the signature of another commissioner of lands, Jane Kanja. Mwangi then allegedly presented these falsified documents to investigators, further compounding the offense.
In another charge, Mwangi is accused of obtaining Sh12 million from Onda Concrete Limited by falsely representing that he could lease the disputed land to them. This form of deception further deepened his involvement in the alleged fraud.
Mwangi’s arrest and subsequent arraignment are significant in the broader context of corruption cases that have plagued Kenya’s political and business spheres. The land in question, measuring approximately 1.591 hectares, was registered under Holloway Properties Limited, a company owned by Hamsita Patel. According to police investigations, the company is the rightful proprietor of the land, which makes Mwangi’s alleged actions even more egregious.
The timing of Mwangi’s arrest is particularly notable, as it comes just a year after he was acquitted in the notorious Anglo-Leasing scandal. In December 2023, Mwangi and several high-profile individuals, including business tycoons Deepak and Rashmi Kamani, were cleared of charges related to the Sh7 billion Anglo-Leasing fraud. The case, which had been ongoing for two decades, was dismissed by Anti-Corruption Court Magistrate Felix Kombo due to a lack of sufficient evidence and the unwillingness of key witnesses to testify.
Mwangi’s acquittal in the Anglo-Leasing case, a major corruption scandal involving inflated security contracts, had been a point of contention, with many questioning the ability of the legal system to effectively prosecute high-profile figures linked to corruption. Now, just over a year later, Mwangi finds himself facing fresh charges, this time related to a land fraud scheme, which further underscores the persistence of corruption within Kenya’s public sector.
Mwangi, who had served as Permanent Secretary from 2003 to 2005, following his appointment by President Kibaki, had previously come under scrutiny for his role in the controversial security deals during his tenure. His involvement in the current case is another chapter in his controversial legacy, further tarnishing his reputation in the eyes of the public.
As the case unfolds, it will serve as another test for Kenya’s anti-corruption efforts, with the outcome likely to have significant implications for future prosecutions of public officials involved in fraud and corruption. For now, Mwangi’s fate lies in the hands of the court, where the fight for justice will continue.
