A son of former spymaster James Kanyotu wants a judge handling a dispute involving a Sh10 billion property in Thika linked to Goldenberg architect, Kamlesh Pattni, to recuse herself from the case.
Mr Willy Kihara said Justice Lucy Gacheru has handled three other matters touching on the same land, which are filed by the same or different parties, and that in all the cases, the Judge has ruled against Kanyotu’s estate.
He said the rulings in favour of Trendsetters Investments Ltd and Marriot Africa International Ltd have facilitated the sale of the 500-acre parcel in Ruiru to their detriment. Mr Kihara now says that in light of this, he is apprehensive that the judge will not give them a fair hearing.
“Further to the foregoing, the applicant has noticed a trend where the plaintiff herein (Marriot), its affiliate companies or agents abandon the suits mentioned after obtaining favourable interim orders from the presiding judge and continue disposing off the suit property,” he said in an affidavit.
The Kanyotu family is fighting to reclaim the multi-billion property in Ruiru arguing that the sale to Marriot was illegal. The land is owned by Marriot, having bought it from Trendsetters Investments Ltd in 2012. Trendsetters on its part says it purchased the land from Kangaita Coffee Estate, belonging to Kanyotu, for Sh700 million in 2011.
Mr Kihara further reveals that Marriot Africa International Ltd and Trendsetters Investments Ltd are one and the same entity, owned and controlled by Mr Pattni. He said copies of CR12 from the Registrar of Companies showed that the two companies share the same physical and postal address, which he says he personally knows belongs to Mr Pattni.
Marriot moved to court last year after part of the Kanyotu family placed caveats on the land, cautioning third parties from purchasing the expansive farm in Ruiru.
The company sought to block Kanyotu's family from reclaiming the land and named Margaret Nyakinyua Murigu, Mary Wanjiku Kanyotu, Mr Kihara and Kangaita Cofee Estate as respondents in the case.
Mr Kihara and other beneficiaries of Kanyotu’s estate have disputed the sale to Trendsetters saying that the land, measuring approximately 205 hectares, is subject to a succession case pending at the High Court.
The family has disputed the sale saying Kangaita Coffee Estate has bank accounts into which proceeds from the sale of any property belonging to the estate ought to be deposited.
But in the case of the land in Thika, no money was deposited into any of the accounts for distribution to the beneficiaries or settlement of estate debts.
“That the family of the late James Kanyotu did not approve any of the sales and/or transfers and the same have been done illegally under the nose of this honourable court,” he said.
In an affidavit filed in court, Mr Kihara further reveals that sometime last December, Mr Pattni approached him through a proxy for an out-of-court settlement of the dispute. He says that the proxy told him Mr Pattni was willing to return 150 acres and pay some money for the deal.
