Senate Committee on Roads, Transportation and Housing chaired by Kiambu Senator Karungo Thangwa held a meeting with Petitioners in respect of petition concerning access to title deeds for properties bought at Jamii Bora Estate, Kisaju, Kajiado County. 

The committee heard that the petitioners own 900 homes, 500 commercial units, churches, a Mosque, public primary and secondary school, public borehole and playgrounds.

Since moving into Jamii Bora Estate in 2008, the petitioners have not been issued with title deeds for their properties. The petitioners were residing in slums of Kibera, Mathare and Korogocho before moving to Kisaju.

The residents of Jamii Bora Estate in Kisaju paid a deposit of 10% for three and four bedrooms units which were being sold for Ksh. 350,000/- and Ksh. 450,000/- respectively.

Most of the units in the Jamii Bora Estate are owned by women from slums who saved through women help groups better known as chamas.

Mr. Lord Torome who is a Kenya Defence Forces soldier said that he bought a house in Kisaju Estate for Ksh. 2.4 millions while fighting for Kenya in Somalia but he has never been allocated a house nor received a refund from the developer.

"I am 87 years old and I have never received a title deed for my house in Kisaju, I may die before seeing my title deed, what inheritance will I leave to my grandchildren?" said Mary Wambui.

The petitioners told the Senate Committee that Ms. Sofia Ingrid Munro through her various developer companies has failed to give title deeds to houses built in Jamii Bora Estate since she started selling the houses from the year 2008.

"Every attempt we make to ask Ms. Ingrid, the developer to issue us with title deeds is met with dissolution of the developer companies therefore perpetrating injustices towards us." said Calvin Luther Munayi, the chairman representing the petitioners. 

The petitioners claim that Ms. Ingrid through her various companies maintains that no owner was supposed to get title deeds in Jamii Bora Estate until after 20 years notwithstanding the fact that most of them either paid cash for their units or have finished paying loans advanced to them for homes ownership in Kisaju. 

"We were promised that our title deeds were being processed in the letters of offer and sale agreements that we signed." said Jacinta Wanjiku, a resident of Jamii Bora Estate.

Ms. Sofia Ingrid Munro's developer companies have been mutating from Jamii Bora Charitable Trust, to Jamii Bora Makao, then Urbanis Africa, then to Kisaju View Park Limited, then back to Jamii Bora Charitable trust and her sister entities Yawezekana Sacco and Yawezekana Housing Sacco, the committee heard. 

The petitioners said that they learnt that the developer took a bank loan in the year 2014 and charged the title deeds (L.R Kajiado/Kisaju/58 and L.R Kajiado/Kisaju/2995) to secure the loan with a local bank, a charge that was of Swedish Króna 50 million made by Jamii Bora Charitable Trust to Jamii Bora Scandinavia AB, a foreign company based in Sweden dated 25th, September 2007 without their knowledge and that the developer is not servicing any of the loans leaving home owners exposed. 

"It is criminal for the developer not to issue the home owners with title deeds regardless of the fact that they have finished paying for the houses." said Senate Committee on Roads Chairman, Sen. Karungo Wa Thangwa. 

The residents of Jamii Bora Estate told the committee that they brought the petition to the Senate in the twelfth Parliament but the petition was not concluded because Kisaju View Park Limited which was the main respondent was dissolved by Ms. Sofia Ingrid to circumvent justice. 

Jael Achieng said that the developer office in Kisaju Estate was closed when fraud cases became rampant and pressure to release title deeds was unbearable. Kisaju View Park Limited later became obsolete. 

"I am a retired civil servant and I bought a house in Kisaju Estate as a retirement home but I was shocked when I was informed that someone else owns my house, I don't have peace of mind since I bought the house at Ksh. 3.2 million and used ksh. 400,000/- more for renovations since the house was incomplete." said Elizabeth Wanjiru.

The petitioners prayers to the Senate are to direct Ms. Sofia Ingrid Munro to immediately and without further delay subdivide, process and issue title deeds to all completed unit owners on the said land in Jamii Bora Estate.

"Stop Ms.Sofia Ingrid from transferring any parcel of land or housing units including repossession or building any new units in Jamii Bora Estate until the matter is concluded by the Senate." The petitioners prayed. 

Further, the petitioners want the Senate to review the existing legal framework to regulate the real estate sector and to protect Kenyans from such investors/ developers and enhance more strict penalties for developers/investors to ensure the delivery on their projects and to ensure that the requisite standards for buildings are adhered to the letter. 

"The truth shall set us free, we have no choice but to ensure that the directors of the developer companies give residents their rights by issuing titles deeds for their properties, I wish to come here with the President of Republic of Kenya to present title deeds" said Peris Tobiko, the Vice Chairperson of the Committee.

The Committee Chairperson, Kiambu Senator Karungo Thangwa directed the developer of Jamii Bora Estate, Ms. Sofia Ingrid Munro who was in attendance in the meeting, to appear before the Senate Committee in the next meeting in the Parliament Buildings. 

"I have spoken to the County Commissioner of Kajiado and requested him not to let the police officers to harass the residents of Jamii Bora Estate until the Senate Committee on Roads, Transportation and Housing determines the dispute." said Kajiado Senator Seki Lenku.

Retired Justice Sen. Stewart Madzayo said that the Senate Committee must conclusively deal with the title deeds issue of the Jamii Bora Estate, justice must be done for residents of Kisaju to live peaceful.

Members present were Vice Chairperson Sen. Peris Tobiko, Senate Minority Leader Sen. (Rtd.) Justice Stewart Madzayo and host Sen. Seki Lenku.