BY SAM ALFAN.
The Attorney General will not oppose a petition filed by Deputy President Rigathi Gachagua over a disputed parcel of land in Nairobi’s Embakasi area.
The A-G through state counsel Allan Kamau told Environment and Land Court Judge Joseph Mboya that he will not be filing anything regarding the disputed parcel of land worth Sh1.5 billion, which is being claimed by Gachagua.
Justice Mboya stopped the sale or transfer of a parcel of land pending hearing and determination of the application lodged by Gachagua through Wamunyoro Investment Ltd. The disputed parcel of land worth Sh1.5 billion is located near Jomo Kenyatta International Airport (JKIA).
Gachagua’s lawyer Philip Nyachoti urged the court to extend orders blocking the transfer, which were issued on July 27.
“For clarity, the suit property shall not been alienated, sold and/ or otherwise dealt with in any manner that may prejudice the substratum of the Current Application,” ordered Judge Mboya.
Justice Mboya directed the matter to be mentioned on October 23 for further directions.
Nyachoti had indicated that Gachagua will pursue the case even after it emerged that John Michael Ohas, who filed an initial case challenging the DP’s title deed, had withdrawn his case.
The court heard that on or about 20th January 2021, Ohas and Columbus Two Thousand ltd filed suit against Wamunyoro Investment ltd seeking to permanently restrain Gachagua and his company from trespassing upon, alienating, re-allocating, disposing of or dealing in any manner whatsoever with the suit property.
They also sought revocation of Wamunyoro’s title on the strength of the second title now registered in the name of Columbus Two Thousand ltd.
He, however, withdrew the case on June 15, 2022.
Wamunyoro argued that the withdrawal of the said suit was mischievous and intended to defeat its right to file a counterclaim.
DP Gachagua wants Ohas and Columbus Two Thousand ltd blocked from selling or interfering with land located in Embakasi in Nairobi.
His company Wamunyoro Investment ltd alleges that Columbus Two Thousand ltd obtained a second title to the land in December 2019, yet he holds a valid title document.
He wants the court to cancel the title issued to the rival company arguing that the takeover is illegal.
“The plaintiff is justifiably apprehensive that unless this application is certified urgent and heard immediately by this court and the orders sought herein granted , the 2nd defendant (Columbus Two Thousand ltd) may at any time now proceed to encroach, illegally takeover and deal with the suit property as it deems fit, dispose or transfer the suit property to unsuspecting third parties thereby complicating this dispute further to the detriment of the plaintiff thereby occasioning substantial damage and irreparable loss to the plaintiff hence the urgency of this application,” the application reads.
Gachagua further revealed that the land is currently charged as security at Equity Bank for a loan of Sh200 million.
He says Ohas took advantage of his official position at the ministry of lands as a director of Physical planning to allocate the suit property to Columbus Two Thousand ltd.
He said Ohas tampered with the official documents and records in respect of the title and generated the second title fraudulently.
“The said illegal registration of the second title on the suit property was done notwithstanding the fact that the ownership and legitimacy of the first title on the suit property in favour of the Wamunyoro Investment ltd had already been addressed and confirmed by the National Land Commission,” he said.
Nyachoti said Ohas has never taken any steps to review, set aside or appeal the decision issued by the commission. He claims that Ohas filed a case before the Environment and Land Court but withdrew the case to defeat his plans of filing a counter-claim.
DP Gachagua said the previous owners – Karandi Farm ltd, Peter Nduati Mbugua and Pauline Muringe, acquired the land on April 30, 1999.
In the suit, Wamunyoro Investment wants the court to declare that the company is the lawful registered absolute owner of all the parcel of land known as L.R.No.209/12077 L.R l. No.90923.
The company further wants the Environment and Land Court to issue a permanent injunction restraining Ohas and Columbus Two Thousand ltd whether by itself, employees, servants, agents or any other person(s) under their instructions from excavating, carrying out any construction works , transferring, trespassing, encroaching, alienating, interfering or dealing in any manner with said land.
The company further seeks declaration that Ohas and Columbus Two Thousand ltd activities and actions on the official documents and records at the Lands Registry on Wamunyoro’s parcel of the land were irregular, fraudulent and therefore illegal and the same be nullified and cancelled accordingly.
Wamunyoro also wants the court to find Columbus Two Thousand ltd title known as L.R. No. 209/12077 L.R. No. 213651 was obtained fraudulently, irregularly and illegally and the same is therefore invalid, null and void.
The company also wants the court to order the Chief Land Registrar to rectify in the Land’s office to cancel all unlawful entries on behalf of John Michael Ohas and Columbus Two Thousand ltd and indicate Wamunyoro Investment ltd as the lawful and proper registered proprietor of all parcel of land known as L.R. No. 209/12077 L.R. 90923.
