High Court Nullifies Kisii County Assembly Speaker’s Title Deed, Hands Land to Retired Teacher

• A retired teacher has secured a major win in a legal tussle over ownership of a prime land in Kisii county
• The teacher, John Nyaanga, had filed a case against Kisii County Assembly Speaker Phillip Machuki Nyanumba, who had evicted him in 2014
• In a judgment delivered on Tuesday, July 1, the court declared the title deed held by Speaker Nyanumba null and void

The Kisi County Assembly Speaker, Phillip Machuki Nyanumba, has suffered a major blow after the Environment and Land Court invalidated a title deed for a piece of land he had claimed ownership of.

In the judgment delivered on Tuesday, July 1, by Justice Sila Munyao, the court ruled that Nyanumba’s title to the land located within Kisii Municipality was null and void.

It cited irregularities in the issuance of the title deed and declared it invalid in official records.

Teacher wins case against Kisii county speaker

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The court ruled that the land legally belongs to John Nyaanga, a retired teacher. It also ordered the speaker to demolish all structures that had been constructed on the said land within the next 30 days.

“If he does not do so, the defendant may proceed and flatten these developments if he is inclined to do so, and pass over the cost to the plaintiff. The plaintiff also holds the option of not demolishing the suit property and taking over the suit property in the state that it is,” read part of the judgment seen by TUKO.co.ke.

“Whatever the case, after 30 days, given above, the plaintiff must vacate the suit property and hand over vacant possession to the defendant,” the judge added.

The court also issued a permanent injunction against Speaker Nyanumba and his servants or agents from entering, utilising, collecting any rent, or in any other way interfering with the land after the lapse of 30 days.

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While invalidating the land's title deed, the court observed that its key signatory, only identified as a Mr Gacanja, was not serving as a land registrar at the time of issuance.

“The court is not satisfied that the plaintiff held a valid title. The land was under the custody of the National Housing Corporation, and the process of issuing a formal title to the defendant was already underway,” the judge stated.

When did Kisii teacher buy disputed land?

Evidence presented from the Land Administration Office and the National Housing Corporation (NHC) confirmed that the property had been earmarked for allocation to Nyaanga, who had occupied it since 1977 when he acquired it from the now-defunct Kisii Town Council.

Nyaanga, a retired teacher, who filed a counterclaim through lawyer Mogaka Omaiyo, testified that he had been allocated the plot nearly five decades ago and made a payment of KSh 760.

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“Although I no longer have the receipt, the process would not have proceeded without payment,” he told the court.

The retired teacher further recounted how he was forcefully evicted in 2014, alleging that Speaker Nyanumba destroyed the perimeter fence and took over the land. In the same year, the speaker sued the teacher, accusing him of trespass and seeking damages.

Robert Alai barred from accessing Runda property

Previously, TUKO.co.ke reported that a High Court in Nairobi has issued temporary orders barring Kileleshwa Member of County Assembly (MCA) Robert Alai from accessing a disputed property in Runda Estate, Nairobi.

The order followed a case filed by Cancer Investment Limited against the MCA.

In this case, the Nairobi-based investment company accuses Alai of illegally taking possession of the land.

Proofreading by Asher Omondi, copy editor at TUKO.co.ke.

Source: TUKO.co.ke