A Korean investor now wants Chief Lands Registrar David Nyambaso Nyandoro cited for contempt for disobeying a High Court order to release his title deed over a prime land at Muthaiga worth over Ksh400 million.
In a contempt of court application filed at the Milimani High Court Environment and Lands Division, Eun Yon Lee accuses Nyambaso of disregarding court orders issued on April 9 this year by Justice Oscar Angote directing him to unconditionally release his title deed in Muthaiga, Nairobi county.
The foreign investor now wants Chief Lands Registrar found guilty and sentenced for contempt of court on grounds that he has refused to release his title deed number Nairobi/Block 189/925 L.R no 27/64.
In the contempt application, Yon has sued Jung Won, Chief Land Registrar Nyambaso and Attorney General Justin Muturi on behalf of Holistic Mission for All Nations as a trustee.
Yon through his lawyer Lawrence Nyangito says he first moved to court on October 4, 2023, after the chief land registrar unlawfully detained and declined to release his title deed number Nairobi/Block 189/925 L.R no 27/64.
He had sought the conversion process, and immediately after the procedure was concluded the lands registrar declined for no apparent reason to release his client's title deed.
On April 9, 2024, the lawyer said that when the parties appeared before the court, the Attorney General representing the land registrar indicated that they did not wish to oppose the application dated October 4, 2023, and that further they were agreeable to having the subject property released to his client.
He states that the court granted an order directing the Chief Land Registrar to release his client's title deed Nairobi/Block 189/925 L.R no 27/64.
On April 12, 2024, Nyangito says he wrote a letter from and attached the court order which he served upon the registrar
"Despite doing so and making several follow-ups with the registrar he openly and blatantly rubbished the court orders and refused to abide with and comply as directed", he argues in court documents.
"My client as a result has been subjected to great damages," he adds.
Nyangito further says that his client has been subjected to great anxiety and curiosity arising out of the failure of the registrar to release his title deed and as a result, he has suffered great damages.
"The 2nd respondent/contemnor who is a senior state officer should be committed to civil jail since he is not above the law," he adds.
Nyangito wants the court to further order the seizure and attachment of the registrar's properties and the same be sold to compensate the Korean investor in terms of damages already suffered arising from his non-compliance to the court orders.
"Further upon granting the same, the court to proceed and issue an order that the registrar is unsuitable and unfit to serve the Government of Kenya in the position of Chief Land Registrar," the foreign investor seeks.
Nyangito also wants upon determining the application, the court orders that the Chief Land Registrar be arrested and committed to civil jail for a period not exceeding six months.
"The honourable court be pleased to further direct that the 2nd respondent/contemnor's property be attached and the same be sold to compensate the applicant for damages suffered the same arising as a result of the disobedience of the honourable court's order issued on April 11, 2024," the lawyer says.
He further wants the court to order and direct that upon the registrar serving civil jail he be declared unsuitable and unfit to serve in the Government service as the Chief Land Registrar.
