A wall fencing the offices of Embakasi Ranching Company Limited in Ruai on February 24, 2021.
A Nairobi judge has barred the controversial Embakasi Ranching Company from subjecting 99 land parcels to fresh verification of ownership based on a 2019 directive by then President Uhuru Kenyatta.
Justice Oscar Angote also directed the company and the Chief Land Registrar to facilitate the issuance of title deeds of the land to Mwanzo Building Mart Limited, which is the lawful owner. The plots, measuring 25 acres in total, are situated in the Ruai area and are valued at Sh300 million cumulatively.
The judge gave out the orders on Tuesday after Mwanzo Building Mart Ltd and its director, David Muigua Ng’ang’a, sued, expressing fear that they were at risk of losing the land despite being the legitimate owners.
The court heard that though they purchased the land in 2005 and were issued with all necessary documents of ownership, including receipts and certificates, in 2019, they were informed that details of the properties were missing in the company’s system. This meant the properties and the parcel numbers were non-existent.
Mr Muigua got to know of missing records in October 2019 after visiting the company offices to verify the status of his land.
This was after the Ministry of Lands issued a public notice indicating that it was finalizing the process of titling the land owned by shareholders of Embakasi Ranching Company.
The Ministry had advised all plot owners to verify with the company whether their plots had been processed and approved for titling. The notice was pursuant to the Presidential directive whose aim was to end longstanding wrangles at the company.
“Knowing how the company is notorious for fraudulent disposition of members’ plots, the plaintiff is apprehensive that the company is using the excuse of missing details in its systems to either deny the plaintiff a chance to verify ownership of its plots or to manipulate the records, then fraudulently procure leases in favour of third parties. This will invariably defeat the Plaintiff’s entitlement to have the leases and title deeds issued in its name,” said Mr Muigua’s lawyers Charles Kanjama and Phillip Kisaka.
They told the court that after purchasing the land, Mr Muigua took possession of the same and was staying there uninterrupted. They insisted that their client genuinely purchased the plots and that the same were surveyed and allocated Land Parcel numbers by the Director of Surveys.
While sitting at the Environment and Lands Court in Milimani, Nairobi, Judge Angote barred the company and the Chief Land Registrar from facilitating, signing or issuing title deeds of the subject parcels to any other person or entity except Mwanzo Building Mart Limited.
“The claim that plaintiffs purchased the plots from the Embakasi Ranching Company Ltd was not disputed. They produced certificates and accompanying documents such as receipts issued by the defendant. They have proved the claim to the required standard and they are the lawful owners of the plots,” said Justice Angote in the judgment.
In the court papers, Mwanzo Building Mart Ltd and Mr Muigua said that since 2005, they had been patiently waiting for the signing of the leases and issuance of title deeds.
The court heard that they had provided all the information, documents and made the requisite payments demanded by the land-selling company as part of the titling process.
jwangui@ke.nationmedia.com
