The Attorney General will not participate in a Sh2.4 billion land ownership court dispute pitting a Nairobi businessman, Javed Abdulrahman, and the daughter of Kenyatta-era Cabinet Minister Mbiyu Koinange.
This is after Justice Oscar Angote blocked the AG and expunged pleadings filed by the State lawyers in the case for being lodged late and without the court's permission.
The dispute is between Nairobi House Limited (NHL) and Ms Lenah Catherine Koinange over a seven-acre parcel of land in Muthangari, Nairobi, and both are claiming to have legitimate title deeds.
Attorney-General Dorcas Oduor.
Photo credit: File | Nation Media Group
"The documents were filed without the leave of court. Allowing the pleadings and documents on record after Nairobi House Limited has closed its case is not only prejudicial, but against the rules that govern civil proceedings," said the judge of the Environment and Lands Court.
Although the documents were dated January 5, 2022, the judge observed that the first time they appeared on the court record was on May 23, 2024, the day a witness of Nairobi House Limited was re-examined.
The Attorney General's lawyer informed the court on November 18, 2024 that he had filed his documents. This was the day Ms Koinange was to commence the defence hearing.
Justice Angote said: "Considering that the timelines for filing memorandum of appearance and defence are strictly provided for in the Civil Procedure Rules, and the Nairobi House Limited having testified and closed its case before the AG’s pleadings and documents were filed, I find the same to be irregularly on the court record".
Resulting from the expunction, he stated that the AG's lawyer does not have the right to cross-examine any witness or call witnesses.
Both the company and Ms Koinange claim to be the legitimate registered owners of the property, which is situated near Muthangari Police Station.
The case was filed by Nairobi House Limited in 2017 contending that it is the registered owner of the suit property, which originates from a grant issued to it for a term of 999 years with effect from January 25, 1910.
The company states that it has been paying land rent to the Ministry of Lands and rates to Nairobi City Council and to Nairobi City County Government.
It says that sometime in December 2016, Ms Koinange trespassed into the suit property where she started sub-dividing the same after which she carried out excavations and started construction works on it.
The company further argues that it used the land's title to secure a loan facility of Sh850 million from bank.
Former Cabinet minister Mbiyu Koinange. Photo/FILE
For her part, Ms Koinange filed a counterclaim contending that she is the registered owner of the suit property.
She says in 2005, she applied for approvals from Nairobi City Council to put up a perimeter fence which approval was granted.
Ms Koinange argues that she has since subdivided the suit property into LR Nos 209/21308,21309 and 21310.
She states that some strangers tried to evict her in 2005 but when she informed them that she was the owner, they went away never to come back.
She further contends that the land being claimed by Nairobi House Limited includes public roads and that she made complaints to the Ministry of Land and the National Land Commission to investigate the issue.
She denies ever selling her land to Trenton (k) Ltd or Jewel Investments Ltd, explaining that she intended to sell the suit property to the two companies in 2005 but the sale did not go through.
