Canada-Based Woman Wins Battle for Prime Land in Nairobi against City Politician

A Canada-based woman has finally had justice delivered to her after nearly a decade tussle over a prime piece of land in Nairobi's Loresho area taken from her through fraud.

Mrs Maria Rosita Cardozo has had her property given back after the Environment and Land Court found she and her husband, Victor Antony Cardozo who passed away in August 2004, were victims of land cartels, who fraudulently took over from them.

Mr Robert Kibagendi Otachi, a businessman who recently unsuccessfully contested for the Embakasi South parliamentary seat, is reportedly the man behind the fraudulent acquisition of the property.

Evidence tabled before the court showed that the politician colluded with some officials the Ministry of Lands to forged documents, including the title deed and claim ownership of the multi-million-shilling property located near the Lions Eye Clinic.

Justice Lucy Gacheru directed Mr Otachi to take the lease certificate improperly issued to him, to the land registrar for revocation.

She also ordered the land title for Nairobi/Block 90/235 be reinstated back to Mrs Cardozo, who now owns the property following the demise her husband.

Testifying before the court, Mrs Cardozo said she went to view her vacant property in 2007, only to find that a perimeter wall had been erected around it. She claimed she was badly harassed by some individuals who alleged ownership of the land.

Upon carrying out a search in April 2008 at the Lands Office, she established that the property was registered in the name of Mr Otachi and placed a caveat on the title.
Mrs Cardozo enjoys a leasehold interest on the land for 99 years from January 1, 1978.

She told the court they acquired the property on April 29, 1986, after which she was issued with a lease certificate and has never failed to pay both the land rent and rates.

Mr Otachi, however, claimed he purchased the property from a couple, Mr Esono Aguesomo and Mrs Teresita Esono, in 1997 for Sh2.3 million.