DECISION: Kanu lose land in Murang'a

 The High Court has reverted a prime plot of land contested by the former ruling party Kanu and a politician to Murang’a County Government.

 Environment and Lands Court Judge Grace Kemei declared a title deed issued to Emukei Transporters associated Paul Muna Kimani a former Mayor at the defunct Municipality Council of Murang’a, null and void effective from July 1, 1997.

The land which was registered under Salvation Army Church in 1964 with a 33 years lease, and title deeds issued in 1978.

 In the suit lodged in 2013 by Evans Nakhabala Wekesa to block Kanu from allegedly interfering with the suit land, located within Murang’a town, said he was the registered owner with a title deed Murang’a/ Municipality/ Block3/12.

” I am satisfied that the title was acquired illegally through a corrupt scheme and in an unprocedural manner. There was no legal title conveyed to the bank, it cannot be left to stand given my holding that Wekesa, and interested parties received nothing because the interest in the title had reverted to the council in 1997,” said the Judge

She ruled that there is no evidence that the suit land has been alienated to either of the contestants.

The transport company and Consolidated Bank were registered as interested parties in the suit.

 During the proceedings, Kemei was told that in 2016, Wekesa transferred the property to the transport company, which was two years later used to secure a Sh5million loan from Consolidated Bank.

Murang’a Land Registrar Ms Alice Gisemba testifying revealed that the land being contested by the parties was registered under Salvation Army Church in 1972 and there has never been changes.

In 1975, the church expressed intention to the commissioner of land to surrender the lease of Murang’a County Council, and no action was taken on the request.

In 1973, the documents at the defunct local authority indicated there was a communication to the commissioner of land seeking the land to be transferred to the former ruling party for the purpose of collecting rent to boost its revenues.

The suit land was used as a security to obtain a loan of Sh5 million from the consolidated bank three years ago.  

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