Former Kiambu Governor William Kabogo has suffered a blow after the High Court in Nairobi ordered him to vacate a five-acre parcel of land valued at Ksh 1.8 billion, which had been fraudulently acquired by his firm, Caroget Investments Ltd, from the defunct Nairobi City Council in 2007.
The firm is required to pay Ksh 100 million compensation to its owner, Aster Holdings Ltd, for illegal invasion and occupation. Kabogo’s firm and the Nairobi County Government were also directed by High Court Judge Elijah Obaga to deliver vacant possession to the registered owner.
During the hearing of the case, Kabogo had insisted he owns the land in Westlands, saying he acquired it after an allotment by the Nairobi City Council in 2003. City Hall and the Lands ministry, however, disputed his claim to the land.
When he appeared before Justice Elijah Obaga in May this year, Kabogo said he had paid all requisite fees to the Lands ministry and was duly registered. He had moved to court after former Lands Commissioner Zablon Mabea had cancelled it.
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“My company acquired title to the property pursuant to a transfer of lease from Nairobi City Council to whom the property was allotted. Caroget paid Nairobi City Council the fees and charges for the property,” he was quoted by the Sunday Nation as telling the court.
However, Surveyor Pricilla Njeri from Survey of Kenya told the court the deed plan used to register land in favour of the governor’s company does not exist.
“I can confirm to the court that the only deed plan at the Survey of Kenya records is the one by Aster Holdings,” she said.
And according to City Hall valuer Isaac Nyoike, the defunct Nairobi City Council erred in issuing the allotment to Caroget after discovering the land is private.
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Senior land registration officer Edwin Wafula also said the ministry only recognised the documents produced by Aster Limited.
The land, which measures 5 acres, is situated along Church Road off Waiyaki Way, Nairobi
Aster Holdings Limited in documents filed in court in 2010 claimed that it was the sole owner of the plot since 1993 when they were two separate plots but successfully applied for a single title added in 2001.
Caroget Investments, whose directors include Governor Kabogo and Esther Njeri Gitau, claimed ownership to the piece of land in 2006 starting a legal storm that is yet to be solved.
