Former Kiambu governor William Kabogo is not new to legal tussles. [Photo/standardmedia.co.ke]
Former Kiambu Governor William Kabogo has lost Sh1.8 billion land in Nairobi after a court ruled that it was acquired fraudulently.
His firm, Caroget Investments Ltd, which got the land from the defunct Nairobi City Council in 2007 is now required to pay Sh100million compensation to Aster Holdings Ltd, in general damages.
This, the court said, is for the 10-year illegal invasion and occupation of the prime 5.2-acre land situated off Waiyaki Way in Westlands, Nairobi.
Kabogo’s firm and the Nairobi County Government have also been permanently blocked from selling or transferring the land to third parties.
High Court Judge Elijah Obaga also issued an injunction restraining the Commissioner of Lands and the Registrar of Titles from handling any suspect transactions involving the alienation or transfer of the land.
“A declaration is hereby given that Caroget Investments Ltd unlawfully and illegally occupied and took possession of the property and this amounts to trespass,” he said.
Aster Holdings Ltd had purchased two adjoining land parcels for Sh11 million from Nairobi Housing Development Ltd in April 1993 and secured a fresh 99-year lease from July 1, 2001 upon the amalgamation and change of user.
The judge ruled that the firm was the sole and lawfully registered owner of the land.
He said the alleged allotment and grant of the land issued to the defunct council by the Commissioner of Lands on April 11 and 25, 2007 was unlawful and irregular.
The lease dated May 4, 2006 given by the former civic authority to Kabogo’s firm was fraudulent, he said.
The former NCC had transferred the property to Caroget Investments on May 11, 2007, which occupied the land after chasing away guards deployed by Aster Holdings.
When Aster Holdings lodged a complaint with the Criminal Investigations Department (CID) and the Kenya Anti-Corruption Commission (KACC), the council wrote a letter dated June 4, 2007 advising the Commissioner of Lands that it had discovered that the Deed Plan, which Caroget Investments possessed, was a forgery and recommended revocation of the title.
“It is clear that the title deed held by NCC, which was subsequently transferred to Caroget Investments, was obtained illegally, unprocedurally and through a corrupt scheme,” Justice Obaga said.
He said police were unwilling to assist the aggrieved party upon the invasion of the property and the Commissioner of Lands disowned the illegal transactions when the fraudulent scheme was uncovered after investigations