Former President Moi’s aide Joshua Kulei.
Former President Daniel arap Moi’s long-time aide, Joshua Kulei, has emerged victorious in a three-year legal dispute over a contested 50-acre parcel in Nakuru’s Ngata estate.
The Environment and Land Court has declared that Sian Enterprises, a company linked to Mr Kulei, is the rightful owner of the property — LR No. 13287/99 — and ordered claimants Omar Mohamed Omar and Patrick Wakanda to vacate.
Peaceful occupation
The dispute began in 2023 when Mr Omar and Mr Wakanda sued Sian Enterprises, Mr Kulei, the Chief Land Registrar, the Agricultural Development Corporation (ADC) and the Attorney-General.
They claimed the ADC had allotted them the land in 1995, issuing a title deed in 1996 after they met all conditions in a letter of offer.
They alleged peaceful occupation for decades until October 2023, when youths allegedly sent by Sian Enterprises invaded, demolished structures and began fencing the property.
The claimants sought recognition as genuine owners. They also sought an injunction against Sian Enterprises.
However, Mr Kulei and the company counter-claimed, stating they bought the land in 1998 for Sh5.5 million from the late Joseph Nkaissery, then a Cabinet Secretary, who had acquired it from the ADC in 1991.
A section of the Moi International Airport in Mombasa. A firm belonging to former President Daniel Moi aide Joshua Kulei (inset) is accused of grabbing land belonging to the airport.
Mr Kulei testified that he discovered the alleged takeover in January 2024 when a fence was removed and a temporary structure erected.
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The Directorate of Criminal Investigations found the claimants’ documents — including a grant, title, and bankers’ cheques — to be forgeries.
The Chief Land Registrar corroborated the defence, producing an official grant that contradicted the plaintiffs’ version.
Former and current Ngata chiefs confirmed Mr Nkaissery was the original owner.
Justice Anthony Ombwayo dismissed the plaintiffs’ case, ruling they had failed to prove ownership. He ordered them to vacate, permanently barred them from the land, and directed the cancellation of all documents in their possession.
