Kirinyaga Governor Anne Waiguru is embroiled in a court battle that could see her lose a Sh200 million mansion in Nairobi’s upmarket estate of Kitisuru.
This comes after lawyer Chris Kabiro moved to court claiming ownership of the multi-million-shilling home, which Waiguru bought at Sh80.6 million from Kihingo Village Limited in September 2015 and paid Sh40.6 million, leaving a balance of Sh40 million that was to be cleared through a mortgage.
Kabiro says at the time Waiguru purchased the house situated at Waridi Gardens, it had been allocated to him and wants the court to order the governor to vacate the property.
Through his lawyer Titus Koceyo, Kabiro states that there was a court order barring Kihingo from selling, alienating, transferring, charging, or tampering with the property. The order was issued by Justice Erick Ogola on December 5th, 2012, following a suit Kabiro lodged against Kihingo. The order was confirmed on December 5th, 2013.
Kabiro argues that the house was not available for sale or alienation and wants the court to dismiss a case filed by Waiguru seeking to compel Kihingo to complete the sale transaction.
On its part, Kihingo says completing the transaction would amount to contempt of the court order forbidding the sale of the suit property.
Kabiro adds that Kihingo was aware of the existence of the court order, which was issued in the presence of its advocates after a protracted hearing. He also says the initial court orders restraining the sale of the house were known to Waiguru.
“Ms. Waiguru’s action as filed discloses no reasonable cause of action against Kihingo. Ms Waiguru is a victim of an illegal transaction but a court of law cannot give cover to such victims of illegal transactions,” Kabiro says in cout papers.
“Ms. Waiguru is presumed to have known of the existence of the court order since the ruling from which it emanated was reported in the website www.kenyalaw.org.”
Kabiro was allocated House Number 1D in compensation for legal fees since he was the attorney for the development project in 2007.
The purchase price of Sh29.9 million was to be offset against the legal fees to his law firm and the balance of Sh12.8 million was to be paid before completion. The initial value of the house was Sh42.8 million and in 2012 it was valued at Sh71 million.
“The cause of action upon which the Waiguru case is founded arises out of an illegal transaction not enforceable by a court of law and further proceedings will not only be an exercise in futility but vexatious,” Kabiro adds.
Kihingo, in a counterclaim, says Governor Waiguru is an unlawful tenant and is demanding Sh331 million from her for the stand-by premium and interest accrued. It also wants Waiguru to vacate the house and pay Sh57.6 million for the rent due and owing.
The company claims Waiguru unlawfully took possession of the property in April 2015 and has been in occupation to date.
“This is despite an existing court order barring the sale of the property, to begin with. Ms Waiguru is making reference to an agreement dated September 25, 2015, as justification for her occupation of the suit property. The agreement was void ab initio (from the beginning) given that it would be in contempt of court orders for the suit property to be sold,” Kihingo says.
“Ms Waiguru has no legitimate claim to the property and has in fact been an unlawful and illegal tenant in the suit property.”
The house is currently valued at about Sh200 million and is part of the 55 houses developed by Kihingo on the 37-acre piece of land in Kitisuru.
The case will be heard on November 22nd.