BY SAM ALFAN.
A Sh1.5 billion land dispute between Deputy President Rigathi Gachagua and a retired civil servant has taken a new twist after a judge was informed that parties were seeking an out-of-court settlement.
Lawyer Amos Kisilu appearing on behalf of Gachagua’s lawyer Philip Nyachoti informed the court there was ongoing negotiations to settle the land dispute out court.
Lawyer Kisilu applied to halt the planned trial saying they had engaged in Alternative Dispute Resolution Mechanisms which allowed in the matter.
The Deputy President who was expected to testify was also engaged in official state matters.
“We seek to be granted more time to conclude the negotiations,” said Kisilu.
Environment and land court Judge Joseph Mboya allowed application for adjournment as parties explored a settlement to the case.
Judge Mboya gave the parties a period of five months to engage on negotiations and return to update the court on the progress on 4th October.
“Parties have agreed on consensus that the case be taken out of the hearing cause list since the parties are seeking to have the matter to be settled out of court,” Judge directed.
Attorney General, through State counsel Allan Kamau also sought to have the case adjourned as he was engaged in another matter in Narok law court.
He told Justice Mboya that he had communicated to lawyer Nyachoti he will not be ready to proceed with matter since he was held up handling another matter.
“I am not ready to proceed. I am held up in Narok in case number 1565 of 2000. This matter was before Supreme petition 3/2015 and the judgement delivered on December 11, 2018 remitted the matter to Environment and Land Court for hearing on a priority basis,” Kamau stated.
“As we speak l am in Narok for the matter as the trial judge gave hearing dates for Wednesday and up to tomorrow and next week. Will be seeking an adjournment so that we can comply with the Supreme Court directions. Further as enriched in Article 167(7) constitution this court must also abide by the same,” Kamau added.
Gachagua moved to court to reclaim a land in contention worth Sh1.5 billion which he says it was fraudulently transferred to another person last year.
Gachagua wants John Michael Ohas and Columbus Two Thousand ltd 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 has 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 occassioning substantial damage and irreparable loss to the plaintiff hence the urgency of this application,” the application reads.
Through lawyer Nyachoti, Gachagua said 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.
