Man in court after his land mysteriously changes hands in Kasarani

A 57-year-old man has moved to court in attempt to reclaim his land from his retirement proceeds valued at approximately Ksh.30 million.

Harrison Kabiru, told the court how he acquired the now disputed half acre piece of land located in Mwiki, Kasarani in Nairobi County in 2013 using his ‘golden handshake’ money.

According to Kabiru, he only found out that his land had mysteriously changed hands one morning online when he was in the process of seeking to develop the said piece of land.

Court papers seen by Citizen Digital show that the court order that revoked Kabiru’s title deed of LR No.122/134 was signed on September 16,2018 by Senior principal magistrate E.K.Usui in the Civil division, and the said order is stamped by the lands department as received on October 17, 2018.

“…Upon hearing the said counsel; It is ordered, that pursuant to the orders of this court granted on August 8, 2018 , the Land registrar is hereby directed to dispense with the provision of the Gazettement of the revoked title and issue the new title to Ernest Njuguna Mwangi,” read the court order in part.

Kabiru however denied having instructed any advocate in the matter and complained of never being notified of a suit against him in the court.

He also launched a complaint with the Law Society of Kenya (LSK) regarding conduct of Advocate Jackson Omwenga who is and has been representing the said Ernest Njuguna Mwangi citing fraudulent acquisition of court orders, defrauding him of his piece of land and appointing an imposter advocate to act for him without his knowledge.

“I would like appropriate action taken against Jackson Omwenga-advocate for his unprofessional and illegal conduct of instructing an imposter to act for me without my knowledge so as to get orders against me without my knowledge with a view to steal my land.” read the complaint by Kabiru.

Kabiru attributes the tribulations to a one time attempt to sell out the property to Tesfagaber Kasete who allegedly abandoned the deal at an agreement signing stage, after putting a down payment of Ksh.3 million and had in his possession authentic photocopies of the land documentation.

Kabiru says that he was surprised by the the turn of events when Kasete tried to arrest him for allegedly defrauding him of the said Ksh.3 million only because he had learnt the land belonged to Ernest.

According to Kabiru, Ernest allegedly colluded with Kasete, Jackson Omwenga the advocate and police officers to frustrate him and illegally take his land by force.

Contacted to give his side of the story, the lawyer Jackson Omwenga declined to comment on the matter on the basis that his colleague was handling it in court.