Police used to defraud land in Kinondoni

[Mahesabu]

• Monday, May 2, 2011, 9:40

• Papaa Msofe implicated
BY ISAAC LONGWE
KINONDONI land disputes seem to be promoted by land grabbers who operate with full cooperation of the police to intimidate genuine land owners and defraud them.
Following increased forceful land acquisition and contravention of rights of occupancy leading to conflict in the ongoing Kawe land saga, this paper has established that many land snatchers are using police force in grabbing parcels of land from legal owners contrary to the police code of ethics. The acts violate the constitution of the land and infringe the ownership rights of the bonafide owners.
According to a survey made by The African on plot No. 364 Mbezi Beach with a title number 38832 owned by Michael Mlay, is illegally occupied by Marijani Msofe who settled by force putting some guards and removing the guard put by the owner.
A neighbour said the plot is soon going to be in illegal possession of Marijani Msofe popularly known as Papa Msofe and there is fear of reprisals like in the Tegeta mayhem whereby gangsters removed the illegal owners by force.
Michael Mlay, who claims is the legal owner of the land as far as the documentation he showed to The African team, cries foul of the Kawe police for irrational and biased responsibility in the whole issue and trusts they are some extra forces including corruption being used to influence their biased actions.
The available documents show that Mlay had been the official owner of the land since 1998 till when Papa Msofe forcefully dislodged guards put by the land owner by using the power of a Registration Book (RB) No KW/RB/13336/2010 at Kawe. Msofe claimed from the police escort and evict guards by force. The police without considering and establishing the reality on the ground of the aforementioned allegations acted in ad hoc and removed Mlay’s security personnel from the said plot.
In the act of trying to take on judicial role to give back the land to Msofe the presumably real owner of the land according to the police stand, they did not dare to make any consultation or establish the truth from the Ministry of Lands the guardians of the land titles.
Later, after Mlay had appeared before the police with his documents showing he is the legal authority of the land in dispute, the police now moved appropriately by requesting details of the saga from the department of land registration in the Ministry of Land through a letter reference No. KW/CID/B.I/VOL.V/78 dated 18/01/2011 asking for property search on the aforementioned plot to establish the real owner of the plot.
The ministry in reply, answered the police through a letter with a reference No.LT/T38832/27 dated 19/01/2010 with the content showing that Michael Mlay was the bona fide owner of the plot.
Ironically, besides all the letters from the Ministry of Land confirming the true ownership of the plot, the Kawe police did not budge and not see any reason to respect the relevant ministry’s statement on the matter and stuck to their initial position by commanding that the plot be free from any building construction and asked both contesting parties; meaning Mlay and Papaa Msofe to once more come forward to prove the ownership.
Mlay fulfilled by bringing the genuine papers and it is alleged that Papaa Msofe failed by not bringing the required documents but maintains to posses the site and urges Mlay to go to court because he will not part with the plot at all costs.
“Papaa Msofe who has failed to produce any legal letter as pertains to the plot insists that the matter be taken to court an idea that I see as an infringement of my legal rights and disrespect of the established norms by using his economic power and position in the society to frustrate the legal ownership of the plot.”
Our efforts to reach the Kawe acting head of police Daniel Shira were unsuccessful as he declined to speak on the pretext that he was not the spokesperson and directed us to speak to Kinondoni Police Commander, Charles Kenyela.
Besides all the available evidence written above on this plot saga the Kinondoni Police Commander Charles Kenyela maintained that there is no land snatcher who is working hand in hand with the police force in grabbing parcels of land from legal owners. He said it was against the police ethics and constitution of the land on ownership code.
However, Kenyela admitted that he heard the complaints from the late Michael Mlay estate who is the legal owner on the certificate and right of occupancy while Msofe has an offer which he did not prove to The African. Kenyela said he has requested for an advice from the Chief Justice on this saga.
When pressed to give reasons why he should not use logic and influence of his office to bring the two parties together to solve the problem amicably and thus save time and effort, Kenyela was adamant and insisted putting the blame on Mlay who does not want to access justice before the court of Laws by taking the case there.
“If anything we want Edwin Mlay to access justice where justice is but we don’t know why he is afraid of taking Msofe to court as we advised him to do.”
Our efforts to reach Msofe to have an account of his story have failed but the Kiwango Security Company guards with offices at Keko at the site claim to have been put there by Papaa Msofe.
When we tried to reach Marijani Msofe aka Papa Msofe to ascertain the claims made upon him, his phone rung continuously without response. The telephone message sent to him has remained unanswered for four days although it shows the message has been delivered.
Edwin Mlay regards going to court as a waste of time since it was the police who supervised the removal and destroyed property at Kawe site under the guise of Msofe having an offer to the site and thus it is their duty to undo what they did there.
“Commander Kenyela is not sincere on this question. He should securely take the responsibility of the police force in dealing on illegal action and redress it in my favour. Court land cases take more than ten years and are expensive in time and money. It is against this background that I allege police complicity in the whole saga that they have to unwind,” said Edwin Mlay.

MAMBO YA POLISI HAYO

 

[Inkoskaz]

Bila rushwa..haki haipatikani....toa rushwa upate haki.....(?)
rushwa na tanzania dam-dam.....!
taasisi ipi rushwa kwao mwiko?

 

[Mkatakiu]

Siku za mwizi ni arubaini. Marijani Msofe alimaarufu Papa Msofe au wengine wanaongezea Papaa Msofe hatimae pamoja nakuhonga mapolisi na kumhonga Profesa Tibaijuka katika kumtetea kwenye kazi zao zakutapeli na kudhulumu wanyonge waligonga mwamba kwa Waziri wa Mamabo ya Ndani. Nimesoma kwenye magazeti na kuona kwenye ITV kwamba Mheshimiwa Nahodha alituma ujumbe mzito kwa Profesa Tibaijuka ambaye hata hivyo wanasema aliomba Marijani Msofe asichukuliwe hatua yoyote!
Tunampongeza sana Mheshimiwa Nahodha kwakuonyesha ujasiri wa hali ya juu kuingia kwenye anga za Papa Msofe. ITV ilionyesha Marijani Msofe akirudisha Kiwanja kwa Mama Mjane na karatasi alizosign pamoja na kukataa hapo awali katika ITV hiyohiyo kwamba kiwanja ni chake na huyo mama hamjui wala hajawahi kumshtaki!!

Swali linakuja kwamba hivi Professor Tibaijuka kwanini hakutaka Papaa Msofe asichukuliwe hatua? Professor Tibaijuka anajisikiaje waziri mwingine anapotoa uamuzi kwenye shughuli ambayo ni ya wizara yake? Kwakweli nadhani ningekuwa Professor Anna Tibaijuka ningetoa tamko kwamba nimesikitishwa na tapeli kama Marijani Msofe kumuonea Mama Mjane kama ambavyo Mama Ananelia Nkya wa TAMWA alivyofanya. Nilidhani wamama wote huwa wana huruma lakini Mama Tibaijuka amenishangaza sana kwa hili!!
Sijui wamama wenzangu mnasemaje?