Investigations into the Shakahola massacre that has claimed 336 lives took a new twist after the Director General of the Business Registration Service disclosed that the land was put up for sale.
Kenneth Gathuma, on Monday, June 19, told the Senate Ad Hoc Committee investigating the deaths, that Shakahola Forest was private property under liquidation in efforts to recover a Ksh75 million debt, contrary to reports alleging that the parcel belonged to the government.
The director general added that his office was not privy to any government communication or notice claiming the disputed land.
Furthermore, he refuted reports claiming that controversial pastor Paul Mackenzie of the Good News International Church was listed among the owners of the parcel of land.
The Senate also learnt that the private company owed two unidentified individuals the Ksh75 million debt and was under pressure to offset the credit.
Excerpt From the Session
Senate committee: Are you saying that the entire Shakhahola and all its assets now belong to the government?
Gathuma: It does not belong to the government. It actually belongs to the creditors. I am supposed to liquidate and pay the creditors; whatever is left is for the contributors.
Senate committee: You are aware that the government has taken over and cleared the area, and even said it wants to put up a monument there.
Does it mean that they are interfering with private land now? What are you saying?
Gathuma: It is private land, and we have not received any formal communication from the government. I have also heard the information from the press.
The property, according to Gathuma, was part of a 10,000-acre piece of land owned by six individuals of Kenyan origin.
However, in 2016, the High Court ordered the company to dissolve, and the official receiver was constituted as its liquidator.
“The company was in the business of farming, animal produce and livestock breeding. The ranch is owned by six Kenyans who last filed their annual returns on April 18, 2015.
“By virtue of the liquidation order, all 100,000 acres parcels of land owned by the company in Malindi and Kilifi county were constituted to the receiver,” Gathuma explained.
Additionally, in 2008, the government was said to have purchased 50,459 acres to resettle Internally Displaced Persons (IDPs) affected by the 2007 post-election violence.
“The remaining parcel of land is owned by a company also in liquidation. The company has two main creditors. One is owed Ksh15 million and the other Ksh60 million,” added Gathuma.
Earlier on June 6, Interior Cabinet Secretary Kithure Kindiki announced plans by the government to turn Shakahola forest into a national memorial site in honour of the deceased.
