A Sh1.5 billion parcel of land being claimed by a company associated with Deputy President Rigathi Gachagua and his wife Dorcas has two genuine title deeds, a senior Lands officer has told the High Court.
The Director of Land Administration, Mr Gordon Ochieng, who is based at Ardhi House, told Justice Joseph Mboya two genuine title deeds exist in the Land Registry, all issued and signed by the Commissioner of Lands.
Mr Ochieng confirmed two title deeds issued for the same parcel of land to — Colombus Two Thousand Limited of John Michael Ohas and Wamunyoro Investments Limited, whose director is Mr Gachagua — were genuine.
Mr Ochieng testified that records held in his office indicate that Columbus Two Thousand Limited was allocated the land “as unsurveyed Industrial Plot by the then Commissioner of Lands vide a letter 88767/IV/142 dated February 2, 1994.”
The land measuring two hectares was allocated to Columbus for a term of 99 years with effect from February 1, 1994.
It was a condition that a lessee was required to pay a standing premium to the Lands office within 30 days failure to which the property would revert back to the government.
The judge who admitted Mr Ochieng’s statement as evidence, heard that the allocation of the land near the Jomo Kenyatta International Airport to Mr Ohas’ Columbus company was based on a part development plan number 42/14/93/14 prepared by the Department of Physical Planning.
Mr Ochieng, who has been a Director of Land Administration at Ardhi House for 34 years, told Justice Mboya that the land whose ownership pits Mr Gachagua, his wife Dorcas and Micheal Ohas, a retired Director of Physical Planning in the Ministry of Lands, were issued by the Commissioner of Lands.
Columbus paid Sh50,000 on May 16, 1996 and by this time the land had reverted back to the government due to delay in payment.
The land was subsequently issued to Karandi Farm Limited, Peter N Mbugua and Pauline Muringe April 30 1999 for a term of 99 years from May 1, 1999.
In December 18, 2002 Karandi, Mbugua and Muringe were issued with a title deed upon payment of the required premiums.
“Despite the fact that it had been issued to Peter Nduati Mbugua, Pauline Muringe and Karandi Farms Limited as IR90923/1 dated December 31,2002, the office of the Commissioner of Lands went ahead and processed another title to Columbus Two Thousand Limited,” Mr Ochieng said.
He added that the title to Columbus Two Thousand as lessee as IR209/12077 “created an unprecedented scenario where two entities have laid claim over the suit property.”
But this late allocation to Colombus Two, Mr Ochieng said, though regular, should be considered “illegal, null and void in so far as it overlaps onto private property.”
Asked by State Counsel Allan Kamau whether two titles can be issued for the same parcel of land, Mr Ochieng responded: "It is not a normal occurrence."
He, however, added that he could not trace the file for the property at the Land Registry.
The witness told the judge that despite the fact that a title to the suit property being earlier processed and issued to Karandi Farm Limited, Peter N. Mbugua and Pauline Muringe in December 31 2002 who later transferred to Wamunyoro Investment limited associated with Mr Gachagua, the office of the Commissioner Lands went ahead and processed another title for Columbus Two Thousand Limited.
"The act of registration of M/S Columbus Two Thousand Limited as Lessee of LR. 209/12077 created an unprecedented scenario where two entities have laid claim over the suit property," Mr Ochieng told Justice Mboya.
The court heard that Mr Ohas was the first to be offered the land in dispute but delayed in paying the standing premium of Sh863,400 within 30 days occasioning the ministry to revert the land back to the government and thereafter re-issued it to Karandi Farm Limited: Peter N. Mbugua and Pauline Muringe.
Mr Ochieng was testifying in a case where Wamunyoro Investment moved to court in July 2022 seeking revocation of the title held by Mr Ohas on grounds that it was fraudulently obtained.
Wamunyoro Investment states that Mr Ohas illegally obtained a title deed in September 2019 and registered it in the name of a company known as Columbus Two Thousand Ltd.
The court heard the land was transferred to Mr Gachagua’s company on June 18, 2012 after buying it for Sh24 million.
On June 27, 2013 the property was used as security for a Sh150 million loan and a further loan of Sh50 million advanced by Equity Bank.
