Ndunde Investments claims that multiple entities have fraudulently acquired title to its land.
A company has moved to court seeking urgent orders to stop an alleged coordinated scheme involving private entities and government officials, who are said to be attempting to seize its 300-acre plot of land in Kiambu using a disputed title issued under presidential authority 19 years ago.
The land is linked to the family of the late business tycoon, Mbugua Mwangi, owners of the iconic Paradise Lost resort in Runda, Kiambu — a sprawling leisure and heritage site.
Ndunde Investments Ltd claims the multibillion-shilling land has already been subdivided into 281 plots and is at risk of being sold to unsuspecting buyers.
The firm alleges that officers at the Ministry of Lands facilitated the issuance and registration of irregular titles over the property, thereby enabling its transfer and subdivision despite existing ownership records.
Ndunde Investments, which claims to own the land, is suing Pamat Enterprises (the first defendant), Wiyan Properties (the second defendant) and Gianni Limited (the third defendant), as well as lands officials.
The firm alleges that a new title was created through “a well-orchestrated fraud” and that a grant was issued by the president to the third defendant, Gianni Limited.
Subsequently, the property was transferred to Daniel Githinga Kahoro (named in court papers as the seventh defendant), and then to Pamat Enterprises (the first defendant).
“And the first defendant then fraudulently procured registration as proprietor of LR No. 13316, which is the same land belonging to the plaintiff,” court papers say.
The outcome of the dispute could have far-reaching implications, particularly for buyers, since Ndunde is pleading for the cancellation of the titles.
In filings before the Environment and Land Court in Thika, Ndunde Investments claims that multiple entities have fraudulently acquired title to its land and begun selling it off, thereby exposing third-party investors to potential losses. The company is asking the court to cancel the existing land titles and prevent any further transactions on the land.
The land is linked to the family of the late business tycoon Mbugua Mwangi.
This legal dispute comes weeks after a Cabinet secretary and two MPs were implicated, as the family asked the anti-corruption agency to investigate the alleged land grab. Court documents show the dispute centres on six plots of land, originally designated as L.R. Nos. 12825/12, 12825/13, 12825/14, 5974/1, 5971 and 5972.
The company claims to have acquired these plots in 2000 and to have occupied them ever since.
A recent search referenced in the court documents indicates that part of the land measures approximately 100 acres under freehold tenure.
Despite its long-standing ownership and occupation of the land, the company alleges that a parallel title was ‘irregularly’ created in 2007 over the same land.
The firm claims that a grant was subsequently issued under presidential authority to Gianni Limited, paving the way for subsequent transfers and subdivision of the property.
Court filings show that the land was transferred between companies, with the contested grant first being issued to Gianni Limited in 2007 before passing to Daniel Gichinga.
Well-orchestrated fraud
It was then transferred to Pamat Enterprises Limited, which later dealt with Wiyan Properties Limited in the subdivision and allocation of the 281 plots, now identified as L.R. Nos. 13316/1-281 and 13318/1-199.
“Through a well-orchestrated fraud, the defendants have procured registration of titles over land already owned and occupied by the plaintiff,” the firm states in its pleadings.
It says the process involved “false pretences, forged documents and misrepresentation of ownership.”
The other defendants named in the suit include the Land Registrar, the Director of Surveys, the Attorney General and the County Government of Kiambu.
The firm’s lawyer claims that public officials were either complicit or negligent in allowing titles to be issued and registered for land that was not available for allocation. The suit also alleges the manipulation of official land records and the unlawful approval of subdivision and change of use.
According to the lawsuit, the disputed grant was subsequently used to facilitate transfers between entities. The company argues that this has created a complex web of ownership that now threatens its proprietary rights.
“The plaintiff’s property has been unlawfully subdivided and transferred to third parties in a scheme designed to dispossess them,” says the company’s director, Isaac Gichia Mbugua, in an affidavit.
The firm further claims that the dispute has escalated from paperwork to physical confrontation. It alleges that, in April this year, individuals linked to one of the defendants entered the land with armed thugs, set up survey markers and attempted to assert control of the land.
The group’s actions allegedly disrupted the company’s peaceful occupation and signalled an attempt to establish ownership on the ground, despite the legality of the titles being contested.
“These acts amount to trespass, intimidation, and unlawful interference with the plaintiff’s quiet possession,” states Mr Mbugua.
The advocates told the court that the matter is urgent, as the land is at risk of being sold and transferred to unsuspecting buyers. “Unless restrained, the defendants will continue to alienate the property in question, causing irreparable loss,” they wrote in court documents.
The firm is seeking orders to nullify the grant issued to Gianni Limited, cancel all resultant titles, and compel the Land Registrar to amend the register to show Ndunde Investments as the lawful owner. It is also asking for a permanent injunction to stop any dealings on the land and damages for alleged fraud and trespass.
The case also raises broader governance concerns over land administration and the integrity of title deeds issuance. The reference to a presidential grant touches on historical processes where public land allocations were made under executive authority, a system that has faced scrutiny over irregular allocations.
Court filings indicate that approvals for subdivision and change of user were processed through county and national offices, raising questions about due diligence and oversight within land management agencies.
The matter is set for mention on May 21, when further directions will be issued. The defendants are yet to file their responses to the suit.
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