A missing title deed for Sh1 billion disputed land in Nyeri has resurfaced after 30 years, marking a crucial development in a protracted court battle over the property. The 207-acre land is claimed by the family of the late Nyeri MP John Nderitu Githua and the Thirigitu Farmers’ Cooperative.
The legal tussle began in 1996, and Mr Githua was tragically killed at his Nyeri home in 2009; his killers were never identified. In 1997, the High Court in Nairobi ordered that the original title deed — LR 7061/1, North East of Nyeri Municipality Grant IR 55106 — be deposited with the court’s registrar pending resolution of ownership.
In the early 1980s, Mr Githua, then Nyeri MP, had advanced the cooperative funds to buy the land from British settler Sylvia Durani Richardson. However, the parties fell out soon after completing the deal.
British settler Sylvia Durani Richardson.
Photo credit: Pool
The deed, initially thought to be held by a law firm that witnessed the transaction, disappeared in 1995. “We are not holding any document relative to LR 7061/1,” Kembi & Muhia Advocates wrote on November 8, 1995, to the Nyeri District Commissioner, who had requested it following a petition by Thirigitu.
Despite the 1997 court order, the deed remained missing for decades, as Mr Githua’s widow, Margaret Wanjiku, and daughter, Diana Wairimu, continued to contest ownership with Thirigitu officials. That changed last year, when a new law firm unexpectedly acknowledged possession of the document.
“We confirm that we are in possession of the title document,” senior counsel Mbuthi Gathenji wrote on October 24, 2025, according to court papers. Referring to a January 21, 2025, letter, Mr Gathenji noted that the 1997 order could not be executed because the then-deputy registrar, Mr Karanja, had passed away. He urged Laichena Mugambi & Ayieko Advocates, representing the late MP’s family, to seek rectification of the order to allow deposit with the current deputy registrar.
Laichena Mugambi & Ayieko Advocates had previously contacted multiple law firms involved in the matter, seeking the original deed to comply with the court order.
Given this development, the Githua family has filed an application asking the court to order Gathenji & Company Advocates to deposit the original title deed in court, in line with orders issued in Nairobi civil case No. 2575 of 1996.
Former Nyeri MP Nderitu Githua (left) and Sylvia Durani Richardson
Photo credit: File | Nation Media GRoup
“That upon deposit of the said title document, it be held in safe custody by the court pending the hearing and determination of this suit and further directions,” state Ms Wanjiku and her daughter, Ms Wairimu, who are suing as administrators of the estate of Nderitu Githua. The application was filed on November 6, 2025.
Gathenji & Company Advocates represented Kembi Muhia & Associates Advocates in the 1996 civil case—the initial filing on the contested land. “By virtue of acting as the applicant’s advocates, the applicant had deposited the title with them for onward transmission to court as ordered,” Ms Wairimu states.
She adds: “It is therefore necessary to obtain the court’s leave to enable the firm to comply with the directive and deposit the title document in court.”
During a hearing at the Environment and Land Court in Nyeri on December 9, Justice Lilian Kimani directed Ms Wairimu to serve the application on Gathenji & Company Advocates. The application is set for hearing on March 3, with the Chief Land Registrar also required to attend and produce documents relating to land parcel No. 7061/1, number 5506, and any other submissions.
In the late 1990s, during the dispute, Thirigitu—according to Mr Githua—reported the original title deed lost and obtained a provisional title. He claims this was an illegal move to facilitate sub-division of the land, which was being sold by the cooperative to unsuspecting buyers. Subsequent attempts by the ex-MP’s family to pursue a criminal investigation were frustrated.
The discovery of the original title raises questions about the initial loss report and could have far-reaching consequences if subdivisions based on the controversial document are nullified, potentially restoring the land to its original status.
This story begins in 1983, when Sylvia offered her former employees the chance to buy the land they had been squatting on. Of the original 257-acre estate, she retained 50 acres, including the main house.
Sylvia and her husband, Derek Charles Richardson, had moved to Kenya in 1947. Nicknamed “The Afghan Princess” because of her Afghan heritage, Sylvia inherited the land following her husband’s death in 1975. In August 1980, the title was formally transferred to her. Having no children, she continued to live on the farm with her step-daughter-in-law, June.
Sylvia offered the farm workers the remaining 207 acres for Sh1 million. Unable to raise the funds, the workers approached their area MP, Mr Githua, who agreed to buy the land on their behalf. Mr Githua served as Nyeri Constituency MP between 1978 and 1988.
The only condition was that the prospective buyers register a company and grant him an irrevocable power of attorney. This statutory agreement gave Mr Githua full authority to transact on the land on behalf of the company until he recovered his money.
Thirigitu Farmers Company Limited was registered in 1983, with Christopher Gachari Githaiga, Stephen Mugo Mutothori, and Simon Maina as the original subscribers. Sylvia and Thirigitu formalised the sale, financed by Mr Githua, in an agreement dated October 1, 1984.
On July 9, 1987, Thirigitu — represented by directors Mary Wamuitha and Paul Kubai — and Mr Githua signed another agreement, witnessed by advocate Kembi Gitura, detailing each party’s commitments. By April 24, 1987, Mr Githua had paid Sh537,276 and arranged to pay the remaining Sh462,724 “in good time to complete the sale in favour of the company.”
According to the former MP, he eventually paid Sh1 million through Kembi & Muhia Advocates, representing Thirigitu, who then paid Day & Figgis, the lawyers for the land seller, Sylvia.
Once the transaction was completed, the title deed was transferred to Thirigitu.
The ex-employees were to become shareholders of the company and purchase land through Githua, who, holding a power of attorney, would act as the sole transferor of the property. The company and Githua were to determine the price per acre.
“The power of attorney shall remain irrevocable to the extent that, once condition 4 above has been satisfied and the shareholders are unable to purchase any further portions of the property (as decided at the company’s general meeting, whether annual or special), Githua shall be at liberty to transfer any remaining property into his name. Such transfer shall automatically terminate this agreement,” the contract stated.
On December 2, 1991, Kembi & Muhia compiled the papers to transfer ownership from Sylvia to Thirigitu. Subsequently, Thirigitu issued Githua with the irrevocable power of attorney, which was registered on January 27, 1993.
Ten years later, without receiving a refund from Thirigitu, the ex-MP fell on hard times, and his Nairobi home faced auction. In April 1994, he sold 25 acres to Mr Nderitu Wachira to salvage the property. Mr Thuo Muhia of Kembi & Muhia confirmed the transfer in a letter to Thirigitu’s chairman on April 5, 1994, noting that the original title had been returned for safekeeping.
Through an affidavit by its secretary, Ms Wamuitha, Thirigitu maintains the former MP only paid Sh537,276, with the company covering the balance. The company was to refund Githua Sh240,800 and offset the remainder against the 25 acres sold.
Suspicious activities emerged in 1995 when one director, on July 28, registered a “purported revocation of the power of attorney,” now the subject of a separate probe.
In the same year, the company directors wrote to Kembi & Muhia Advocates, custodians of the original title, seeking its release to facilitate subdivision of the land for allocation to buyers. When the document could not be secured, Thirigitu officials escalated the matter through the Nyeri provincial administration.
This prompted intervention by the Nyeri District Commissioner on October 19, 1995. Kembi & Muhia responded: “We are not holding any document relative to LR 7061/1.” Despite continued correspondence from the DC’s office, the title deed was never produced.
Another development raised Mr Githua’s concerns. On December 20, 1996, the Kenya Gazette published a notice on the issuance of a provisional certificate for LR 7061/1, citing “sufficient evidence” that the original title had been lost. In a February 23, 1999 affidavit, Mr Githua protested that Thirigitu had obtained the provisional title by swearing the original was lost, then proceeded to subdivide the property and process new titles.
“I am informed by my advocate that it is contempt of court to acquire another title after the original has been deposited in court,” Mr Githua argued, referring to Justice S. Amin’s July 29, 1997 order requiring the original deed to be lodged with the High Court deputy registrar. “Acquiring another title under these circumstances is criminal and an abuse of court process,” he added, alleging collusion between the Chief Land Registrar and Thirigitu. The matter remains under criminal investigation.
Tragically, Mr Githua was murdered at his Nyeri home on December 6, 2009. The cause of death was a severe chest injury (multiple rib fractures and massive haemothorax). A suspect was later acquitted due to lack of evidence.
On April 21, 2022, his widow and daughter petitioned the Directorate of Criminal Investigations (DCI) to probe the issuance of the provisional title. They were asked to record statements at Nyeri DCI offices, but there have been no developments. A follow-up letter on August 15, 2023 protested the delays.
The 1996 case had reached an advanced stage at the High Court in Nairobi before being transferred to Nyeri. In 2018, the Githua family filed a fresh civil suit at the Nyeri Environment and Land Court, which has progressed slowly.
Sylvia, who had lived in Kenya for over half a century, died aged 85 in 1994, as the storm over the vast land she had sold was gathering.
