Mr Hezekiah Oyugi was Kenya’s most powerful permanent secretary for Internal Security.
The administrators of the estate of Hezekiah Oyugi, a powerful Internal Security Permanent Secretary in President Daniel Moi's regime, who died in 1992, have successfully persuaded the High Court to invalidate a judgment transferring a parcel of family land in Nakuru to a businessman.
Environment and Land Court judge Millicent Odeny rescinded the decision made in 2006 that had handed over the property to Mr Patrick Kiptanui after the widows of the late patriarch were found ineligible to transact on behalf of the estate.
The court has also allowed the administrators of the estate, Mr Oyugi's sons Job Okuna and Douglas Odhiambo, to present their case and argue whether or not the land was lawfully transferred to third parties.
Mr Kiptanui allegedly entered into a consent order with Doreen Oyugi, Betty Oyugi and Beatrice Oyugi, the widows of the late powerful official, and the property was transferred to him without the knowledge of the administrators.
According to the court ruling, the estate administrators only discovered the dealings on the contested parcel after their advocates obtained a copy of the Green Card (Lands ministry record of a property’s history) on May 4, 2024.
Mr Okuna and Mr Odhiambo told Justice Odeny that they were unaware of the court case and, therefore, did not have the opportunity to present their issues in court before the consent judgment was entered on September 6, 2006.
“The applicants have demonstrated that they are necessary parties in this suit being the administrators of the estate, and should be joined to explain how their interest is affected,” said Justice Odeny.
Consequently, the court allowed them to join the Nakuru County land registrar in the case, “so that they can shed light on what transpired at the registry regarding the entries made in the green card.”
The judge stated that setting aside the consent judgment was not an end in itself, as it does not close out the parties’ rights to be heard.
Mr Odhiambo informed the court that by a joint consent of Mr Kiptanui and the widows, the businessman had been declared the lawful owner of the land in Kiptagich, Nakuru County.
He argued that the consent order ought not to have been recorded, as the widows had no capacity to enter into such agreements.
The administrator further disclosed that there were two restrictions lodged at the land registry preventing any dealing with the property until a succession case pending in court was heard and concluded.
He also told the court that they periodically obtained official searches to ensure there were no unlawful dealings with the property known as Olenguruone/Kiptagich/183.
A search at the lands office was conducted on November 4, 2003, March 14, 2000, and October 8, 1998, confirmed the administrators were still registered as the proprietors in their capacity as the estate trustees.
They also stated that the widows had previously attempted to register the transfer to Mr Kiptanui, but the Land Registrar allegedly rejected the transaction, citing fraud because of the previous entries on the title.
Mr Odhiambo said the actions of the three widows were the subject of litigation pending before the High Court, where they had sought orders for the sale of properties belonging to the estate.
Mr Kiptanui opposed the case, arguing that he entered into an agreement with the three widows for the purchase of the property as they were registered in their names.
He told Justice Odeny that after paying the purchase price, the widows failed to transfer the property to him, triggering the filing of the case in Nakuru in 2006.
Mr Kiptanui claimed he entered into a consent agreement, which was recorded as an order of the court on September 6, 2006 and the property was consequently transferred to him.
Justice Odeny ruled that the status quo be maintained until the case was heard and determined. Therefore, Mr Kiptanui will continue occupying the land, but was warned against disposing of the property.
