A director at the Ministry of Land on Wednesday, December 20, 2023, told the High Court there are two genuine title deeds at the centre of the Ksh1.5 billion disputed land in Nairobi which Deputy President Rigathi Gachagua and his wife claim to own.
Gordon Odeka Ochieng, who has been a director of lands and administration at Arthi House for 34 years, told Justice Joseph Mboya that the land whose ownership pits Gachagua, his wife Dorcas against Micheal Ohas, a retired director of physical planning in the Ministry of Lands, were both issued by the commissioner of lands.
The details emerged when the director of lands was being cross-examined by Ohas's lawyer Moses Owuor over the ownership of the two acres of land near Jomo Kenyatta International Airport JKIA) in Embakasi, Nairobi county.
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"I confirm before this court that the record at the land registry in Nairobi shows that two genuine titles were generated and signed by a competent commissioner of lands in regard to the land in dispute," Ochieng said.
The director said that upon perusal of the two titles shown to him by State counsel Allan Kamau, he confirmed they are genuine titles from the Ministry of Lands.
Asked whether two titles can be issued over the same parcel of land, Ochieng responded; "It is not a normal occurrence."
Ochieng, however, added that he could not trace the file for the property at the land registry.
The witness told the judge that despite the fact that a title to the suit property had earlier been processed and issued to Karandi Farm Limited, Peter N. Mbugua and Pauline Muringe on December 31 2002, who later transferred to Gachagua's company known as Wamunyoro Investment limited, the office of the Commissioner Lands went ahead and processed another title to Columbus Two Thousand Limited - owned by Ohas.
"The act of registration of M/S Columbus Two Thousand Limited as Lessee of LR. 209/12077 created an unprecedented scenario where two entities have laid claim over the suit property," Ochieng told Justice Mboya.
The court has been told that Ohas was the first to be offered the land in dispute but delayed in paying the standing premier of Ksh863,400 within 30 days occasioning the ministry to revert the land to the government and thereafter re-issued it to Karandi Farm Limited, Peter N. Mbugua and Pauline Muringe.
Ochieng told the court that the three paid for the offer of the land at Ksh672,306 on December 18, 2002 but also late within 30 days.
On the payment of the standing premium for the land, the director further revealed that both Ohas and the three delayed in paying the stand premier within 30 days.
Ochieng further told the judge that when Ohas delayed in paying the full amount of the offer, the Ministry of Lands issued a fresh letter of allotment to the Karandi, Mbugua and Muringe who did not pay within the stipulated timelines but instead made payments almost 2 years after.
"I however would wish to confirm that prior to making this payment, the three had to write to the commissioner of lands seeking authority - a standard practice where payments are made outside the stipulated timelines to seek authority for such payment," he said.
However, according to the director of Land, the act of registration of M/S Columbus Two Thousand Limited as Lessee should not have been undertaken as the property had already had a previous commitment to Mbugua, Muringe and Karandi Farm Limited and the same transferred to Wamunyoro Investment Limited.
Ochieng further stated that the ownership by Ohas's company Columbus is irregular and unlawful.
"The title to Columbus Two Thousand Limited registered at the Land Titles Registry at Nairobi as IR 213652 would therefore be classified as irregular, null and void in so far as it overlaps onto private property," the official told the court.
Upon re-examination by the government lawyer, Ochieng stated that the genuine owner of the land was Gachagua's company.
"I want to confirm the rightful owner of the land in dispute is Wamunyoro Investment Limited as according to the ministry record, they followed all the procedures in acquiring the land," Ochieng told the judge.
Ochieng was testifying in a case where Gachagua moved to court in July 2022 seeking revocation of the title held by Ohas on grounds that it was fraudulently obtained.
He stated that Ohas illegally obtained the title deed in September 2019 and registered it in the name of a company known as Columbus Two Thousand Ltd.
It is said that the land was transferred to Gachagua’s company on June 18, 2012, after buying it at a price of Ksh24 million.
On June 27, 2013, the property was used as security for a Ksh150 million loan and a further loan of Ksh50 million advanced by Equity Bank.
Hearing continues.
