The estate of a former powerful minister in President Daniel Moi's government, Joseph Kamotho, has lost a prime land in Thika, Kiambu County, through adverse possession.
This is after a Kiambu family won back the 25-acre parcel in the heart of Thika town, taken from them by the politician, subdivided and sold to third parties.
Ms Serah Wambui Kibiku successfully reclaimed the land through adverse possession, arguing that despite the subdivision and sale in the early 1990s, the owners never took possession of the land.
Environment and Land Court judge Grace Kemei directed the land registrar to cancel all the titles arising from the subdivisions of the mother title and register Ms Kibiku as the legitimate owner of the property.
The judge said the buyers, who claimed to be innocent purchasers for value, did not demonstrate that they conducted due diligence before acquiring the land.
"If the alleged buyers had inquired about the status of the property, they would have discovered that Ms Kibiku held possessory rights that had accrued in her favour since 2003," said the judge.
The court noted that it was not in dispute that the Kamotho family, through her daughter Nyokabi Kamotho — whose father died in December 2014 — and 30-plus interested parties, held titles to the land.
However, there was no evidence to show that the purchasers took any steps to dislodge the Kibikus from the property.
John Joseph Kamotho, the late former Cabinet Minister and one-time powerful Kanu secretary-general.
Photo credit: File | Nation
The widow told the court that her husband, Gibson Kibiku, was licensed to occupy the land, then measuring 30 acres in 1965, by the government. The expansive parcel, along Thika Highway, borders the premises that were once occupied by Castle Breweries.
She said the family lived on the property, practising animal husbandry, quarrying building materials for sale and at some point, buried their kin and kindred on the land.
In 1987, she said, the Commissioner of Lands confirmed Mr Kibiku in a letter that he could occupy the land until further notice.
She alleged the family paid the land rent for the duration of their stay and met all other statutory requirements.
However, in 1991 or thereabouts, while still residing on the property, the land was subdivided into two portions measuring 25 and five acres and allotted to Deacons Enterprises, a firm associated with Mr Kamotho, and a Mr Wambugu Nderitu, respectively.
Upon obtaining a title deed, Mr Nderitu sued them for eviction, but a judgment was entered in their favour in 2011, hence recovering the five acres.
And although the company was allocated the 25 acres in 1991, the directors or the third parties never took any steps to remove the family from the land.
Before the sale, she said the powerful politician popularly known as JJ Kamotho frequently visited the land, and in fear, the family would stay indoors. Ms Kibiku said that despite acquiring the land, the buyers never developed or took possession.
She further accused them of acquiring the land before the determination of the subsisting agreement between the Lands commissioner and her family. Ms Nyokabi filed a reply and stated that she was the guardian ad litem of her father. She told the court the land was allocated to Deacons Enterprises in 1991 at a stand premium of Sh2.1 million.
Former Kanu secretary general and Mathioya MP the late Joseph Kamotho.
Photo credit: File | Nation Media Group
She further alleged Mr Kamotho was allocated 25 acres in 1991 and that he thereafter subdivided it into 1/8 of an acre plots and sold them. She added that title deeds were processed between 1996 -2002.
Ms Nyokabi testified that during the sub-division and visits to the site, there was no encounter with the Kibikus. Ms Jane Wambui Mungai, one of the purchasers, testified on her own behalf and 9 others on how they acquired the plots.
Ms Mungai stated that she purchased the land from Kamotho's firm and produced the sale agreement dated November 11, 2008, and a title issued on November 19, 2008. She, however, admitted she did not carry out any due diligence on the land.
Another buyer, John Macharia Maina, produced receipts, a sale agreement, an application for search, a transfer of lease and payment of land rates in support of his evidence.
He said he purchased the plot from Deacons Enterprises through a land agent, Metrocosmo Limited, and got a title deed.
He said he had yet to construct on the disputed land, though he attempted to put up a house, which was demolished by unknown persons.
