Former Kiambu governor ordered to vacate illegally acquired land

The High Court has directed former Kiambu Governor William Kabogo to vacate from a piece of land located in Westlands, Nairobi.

Justice Elijah Obaga ruled that Kabogo is illegally occupying the 5.2-acre-piece of land, situated along Church Road, off Waiyaki Way.

Obaga stated; “Documents produced in court case indicated/showed that the title by the first defendant (Nairobi County Government) which was subsequently transferred to the fifth defendant (Caroget Investment ltd) was obtained illegally, unprocedurally and through corrupt scheme.”

Similarly, the court ordered Kabogo to pay Ksh.100 million as cost.

Kabogo, however, insisted that he acquired the land legally in 2003 and registered it under his company, Caroget Investments Limited, having paid all legal fees.

He claimed that his company acquired title to the property pursuant to a transfer of lease from Nairobi City Council to whom the property was allotted.

However, the court noted that the property’s history is that it had been under private ownership since 1946. It ceased to be government land and was therefore not available for alienation by the commissioner of lands. The suit property never reverted to the government as to be available for re-allocation.

The case was filed by Aster Holdings Limited in documents filed in court in 2010 . According to Aster it was the sole owner of the plot since 1993 when they were two separate plots but successfully applied for a single title deed in 2001.