Senior Lands Officer Says Gachagua is the Rightful Owner of a Sh1.5 Billion Disputed Land in Nairobi

A senior Ministry of Lands officer on Wednesday told a Nairobi court that a Sh1.5 billion land in Nairobi whose ownership is in dispute belongs to Wamunyoro Investments Limited, a company owned by Deputy President Rigathi Gachagua.

David Nyambaso, a Senior Assistant Chief Land Registrar, said the title deed held by Columbus Two Thousand Limited was irregularly issued since that of Wamunyoro Investment Limited was already in existence and had not been legally revoked.

“Under these circumstances, the title deed held by Columbus Two Thousand Limited ought to be cancelled unless the court declares otherwise,” Nyambaso told the court.

On June 18th this year, the property was transferred to Wamunyoro Investments Limited at a consideration of Sh24 million.

Nyambaso further told the court that on October 2nd, 2014, the Officer Commanding Police Station Embakasi wrote to the Chief Land Registrar and requested verification of the said land.

In response, the Chief Land Registrar confirmed Wamunyoro Investments Limited’s title deed as genuine and forming part of the registry’s record.

He also said the deed plan used to prepare the title for Columbus Two Thousand Limited was a certified copy of the original deed plan annexed to that of Wamunyoro Investments.

In September, Environment and Lands Court judge Oguttu Mboya extended orders blocking the transfer of the property until the application before him will be heard.

Through his attorney Philip Nyachoti, Gachagua said former Director of Physical Planning John Michael Ohas tampered with records at the lands office in an attempt to rob him of the prime property located in Nairobi.

The lawyer told the court that the property is charged to Equity Bank as collateral for various financial facilities granted to Gachagua at Sh200 million.

The deputy president claims he has always been the legal and registered owner of the parcel of land and that he holds a title in respect of the same which was issued on June 18th, 2012.

He alleges that the respondents have illegally and fraudulently obtained a second title on the property while the plaintiff's title is still in existence and have deliberately tampered with the records at the Lands Registry in respect of the suit property such that any official search on the suit property currently indicates Ohas and his company Columbus Two Thousand Ltd are the registered owners of the property on the exclusion of the applicant.

Gachagua wants the court to order that the title deed in possession of the two defendants was obtained fraudulently, irregularly and illegally, hence invalid, null and void.

He is seeking orders to have the Lands Registrar rectify the register in the lands office to cancel all unlawful entries on behalf of the first and second defendants and indicate the plaintiff as the lawful owner.