In a significant legal decision, the High Court has sided with Deputy President Rigathi Gachagua in a protracted property dispute valued at Sh1.5 billion, affirming his company's rightful ownership of a two-acre parcel near Jomo Kenyatta International Airport (JKIA) in Embakasi, Nairobi county.

Justice Joseph Mboya of the Milimani Environment and Land Court delivered the verdict, unequivocally declaring Gachagua's company, Wamunyoro Investment Limited, as the lawful proprietor of the contested property.

The ruling culminates a contentious legal battle that began when a title deed was issued to Micheal Ohas, a retired director of physical planning in the Ministry of Lands, which the court deemed "irregular and illegally obtained."

"A declaration is hereby issued that the plaintiff (Wamunyoro Investment Limited) is the lawful registered and absolute owner of the property in question," declared Justice Mboya, underscoring the legitimacy of Gachagua's claim.

The court further ordered the Ministry of Land to rectify all documentation at Arthi House, annulling any unlawful entries associated with Ohas and his firm, Columbus Two Thousand Limited.

Read More

  1. State promises Kenyan coffee farmers better returns under fresh reforms
  2. Kenya Power ordered to pay Woolworths Sh500 million for Nakumatt fire of 2009
  3. Court allows company to contest Sh29.2 million tax claim against KRA

This decision solidifies Wamunyoro Investment Limited's status as the lawful proprietor, while also enjoining Ohas and his agents from any interference with Gachagua's land.

Justice Mboya explained, "I have found that Wamunyoro Investment Limited established and demonstrated her entitlement to the suit property. To the contrary, I have found and held Columbus Two Thousand Limited was unable to prove the counterclaim."

The legal battle, marked by accusations of fraud and irregularities, reached its zenith when Gachagua, through legal representation by Philip Nyachoti, petitioned the court in July 2022.

Allegations surfaced that Ohas had illicitly acquired the title deed and tampered with land office records.

Notably, the property, serving as collateral for Gachagua's financial obligations to Equity Bank, has been at the centre of a complex legal saga.

Records from the Ministry of Lands and Physical Planning indicate a convoluted history, with conflicting claims of ownership dating back to 1994.

Despite Ohas's assertion of ownership through Columbus Two Thousand Limited, Ministry officials debunked such claims, affirming the property's transfer to Gachagua's company in June 2012.

Subsequent loans secured against the property further substantiated Gachagua's stake.

While the court refrained from awarding general damages to Gachagua, citing his current occupation and utilization of the land, the ruling brings closure to a protracted legal imbroglio.

In light of Justice Mboya's decision, Deputy President Gachagua emerges victorious in a legal battle that underscores the intricacies and controversies inherent in property ownership disputes.