Deputy President Rigathi Gachagua has been declared the rightful owner of the Sh. 1.5 billion land that was disputed near JKIA Airport.
Through a court ruling, Justice Oguttu Mboya of the Environment and Land Court stated that Gachagua’s Wamunyoro Investments Limited was the legal owner of the 5-acre plot.
He ruled that the title deed issued to retired Civil servant Mr John Ohas was illegal, null and void and fraudulently obtained.
“A declaration is hereby made that the activities and actions of the defendants in relation to the official documents and records at the Lands Registry in respect of the plaintiff’s land parcel were irregular, fraudulent and therefore illegal and that the same be accordingly nullified and cancelled,” he said.
Why Gachagua is fighting to own Sh. 1.5 billion land near JKIA
Justice Mboya ordered the Chief Lands Registrar to cancel all illegal registrations in the name of Ohas and his firm Columbus Two Thousand Limited, and issue them to Deputy President Rigathi Gachagua.
DP Gachagua claimed to have bought the land for Sh. 24 million from Mr Paul Nduati through their family business Karandi Farm Limited, in 2012. On the other hand, Mr John Ohas claimed that the land was given to him by the late President Daniel Moi in 1994.
The court granted a permanent injunction restraining Mr John Ohas and his affiliated company from trespassing on the property. They are not allowed to excavate, carry out any works, construct any structures, subdivide, transfer, encroach upon, alienate, interfere with or deal with Gachagua’s legal land in any manner whatsoever.
Justice Mboya further added that in the suit, Mr John Ohas failed to give sufficient evidence that he acquired the multi-billion shilling process legally.
“I have found that Wamunyoro Investments Limited has established and proved its title to the suit property. On the contrary, I have found and determined that Columbus Two Thousand Limited has failed to prove its counterclaim,” Justice Mboya added.
Gachagua reportedly used the land’s title deed as a security for a Sh. 200 million loan from Equity Bank. The court discovered that Gachagua continued to benefit from the land despite suspicions that the Sh. 200 million involved might be proceeds of money laundering
