Sonko wins battle for Upper Hill land
Former Nairobi governor Mike Mbuvi Sonko at the Milimani Law Court over the Sh357 million graft case against him and 16 others, on February 7, 2024.
A company associated with former Nairobi Governor Mike Sonko has won a battle for prime land in Nairobi’s Upper Hill area.
This is after a judge dismissed a petition by another firm laying claim to the parcel.
Justice Oguttu Mboya dismissed the case by Rajkosmag Company Limited, which claimed to have purchased the land in 2003 but failed to complete the terms of the agreement and payment within the stipulated period.
The firm wanted the cancellation of a title deed issued to Premix Enterprises Limited, associated with Mr Sonko.
The firm further accused the Kenya Railways Corporation and the Kenya Railways Corporation Staff Retirement Benefits Scheme of failing to transfer the property to it, in a scheme allegedly involving officials from the Ministry of Lands.
“Arising from the foregoing, there is no gainsaying that the reliefs sought by and on behalf of the plaintiff herein (Rajkosmag Company) are not only misconceived but … are also legally untenable.
“For good measure, the reliefs sought are vitiated to the root. In any event, a court of law cannot be called upon to lend its authority towards enforcement of an illegality,” the judge said.
The former governor testified that the property was leased to the Sonko Rescue Team (SRT) by Premix Enterprises Limited and that SRT has been in occupation of the property since 2017.
Mr Sonko testified that he purchased a portion of the property from the Railways retirement scheme following an advertisement. He noted that his firm emerged as the highest bidder.
Mr Rajab Kipkoskei Magut, a director of the company, claimed that the property was being sold at Sh16.5 million and that he paid a deposit of Sh3 million.
“To my mind, if the contract between the plaintiff (Rajkosmag Company Limited) and the 1st defendant (Kenya Railways) was not concluded within the 60-day period, it then means that [Kenya Railways] was in breach of the contract. In this regard, it then behoved [Rajkosmag Company] to agitate her cause of action within the lapse of the 60 days,” said the judge.
The judge added that in the absence of the consent of the board of directors of the Kenya Railways, the requisite approval of Treasury CS, the alleged sale agreement relied on by the company was illegal.
“To the contrary, the documentation relied upon and propagated by [Rajkosmag Company] constitutes blatant fraud,” said the judge.
