BY SAM ALFAN.
A Ministry of Lands and Physical Planning official has confirmed that a disputed parcel of land worth Sh1.5 billion in Embakasi belongs to Deputy President Rigathi Gachagua.
Senior assistant land registrar Nyandoro David Nyambaso, who is based at Ardhi House, told the Environment and Land court that the title held by Columbus Two Thousand limited was irregularly issued.
Nyandoro added that Wamunyoro Investment Limited, which is linked to Gachagua held a title deed to the land and the same had never been revoked or cancelled.
“Under the circumstances, the title held by Columbus Two Thousand limited ought to be cancelled unless the court declares otherwise,” said Nyandoro.
Wilfred Muchae, the director of survey told the court that an examination of the application for a certified copy of the deed plan revealed that there were some anomalies which may not detected at the time of processing the application.
Some of the anomalies are that the application for a certified copy of the deed plan in respect of land No. 209/12077 ought to have been made by Columbus Two Thousand on its official letterhead through its authorized directors as Columbus was the allottee of the subject property.
Therefore, the application on behalf of M/S Michael Ohas was not in order, he said.
In addition, Muchae noted that the application was to be made by Columbus through its authorized directors and attach company board resolution.
“No company board resolution of Columbus Two Thousand was attached to the application for the certified copy of the subject deed plan authorizing any of its directors to make the application for certified copy of the subject deed plan,” Muchae told the court.
The court further heard that none of the attached copies of the supporting documents by M/S Gordon Wayumba were certified by an advocate of the High Court nor by an authorized individual of the concerned institution where the document originates.
He added that no paspport size-photo of the persons making the application for the certified copy of the subject deed plan were provided to the director of survey for the record.
“In the circumstances of the discovery of the above anomalies, the application for a certified true copy of the deed plan No. 192966 by Gordon Wayumba should have been declined by the director of survey as the application was defective,”
In the case, DP Gachagua through his lawyer Philip Nyachoti wants Ohas and a company identified as 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,” submitted Gachagua lawyer Nyachoti.
Gachagua said the land is currently charged as security at Equity Bank for a loan of Sh200 million.
Through lawyer Nyachoti, Gachagua adds 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.
