Kangundo: Twists and Turns in Court as Squatters Fight to Keep Land They've Occupied for 17 Years
- More than 10 people moved to court claiming land rights after years of silent occupation and alleged questionable dealings by unknown entities
- Speaking to TUKO.co.ke, the plaintiffs' lawyer cited suspicious ownership transfers, raised concerns over documentation, and mentioned a huge financial transaction involving the property
- A Judiciary official visited the disputed land as investigations continue, and parties await a court decision on rightful ownership
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Nancy Odindo, a TUKO.co.ke journalist, has over four years of experience covering Kenyan politics, news, and features for digital and print media.
Eleven squatters have filed a petition at the Environment and Land Court in Milimani, Nairobi, seeking to be declared the lawful owners of a 3.11-hectare parcel of land situated along the Eastern Bypass.
Source: Original
The group, led by David Ogega Mokua, argues that they have lived on the disputed land openly and continuously for 17 years and are therefore entitled to ownership through adverse possession, as provided under Kenya's Limitation of Actions Act (Cap 22).
Why are land squatters in court?
Their lawyer, Edwin Yator, told TUKO.co.ke that the plaintiffs were prompted to seek legal redress after discovering that the land had changed hands multiple times, with the titles allegedly marred by fraud.
“My clients had moved to court seeking adverse possession, only to discover that the land was registered under unknown individuals. During investigations, numerous anomalies emerged. We don’t understand how the first title was obtained or the basis for the subsequent transfers,” said Edwin.
According to court filings, the plaintiffs claim to have developed the land extensively—constructing homes, crop farms, livestock structures, pit latrines, water and electricity connections—without interference from any titleholder or government official.
Source: Original
They argue that the chain of registered owners, beginning with Josagara Academy Ltd. in 2015, AZOFCO General Merchants Ltd. in 2021, and later private individuals Joel Kanyi Kimani and Josephine Njeri Ngugi, is invalid due to alleged fraudulent transactions and forged documentation.
Who is the owner of the disputed land?
In an affidavit, Ogega stated:
“Since January 2008, my co-plaintiffs and I have remained in quiet, continuous, and uninterrupted possession of the suit premises. We are well-known to the local administration, religious leaders, and the wider Infinity area community.”
The plaintiffs allege that the title initially held by Josagara was fraudulently acquired six years after the death of Kahuho Kuogothoka, the registered proprietor.
They further claim that AZOFCO purchased the land from Josagara under questionable circumstances and quickly used the property to secure a $1.4 million loan (KSh 180,516,000 according to the current exchange rates) from Mayfair CIB Bank Limited, now renamed to Commercial International Bank (CIB) Kenya Limited, in May 2021.
"The bank became aware that AZOFCO's title in the suit property was illegitimate and marred with fraud. On April 24, 2024, the bank filed a commercial suit HCCOM E217 OF 2024 laying a claim of an informal charge against another property of the 3rd Respondent, LR No. 25401 IR 89571, but it was unsuccessful," Ogega claimed.
The affidavit shows AZOFCO failed to service the loan, prompting the bank to invoke its statutory power of sale.
However, the squatters argue that CIB failed to issue the mandatory 90-day and 45-day statutory notices or to publish any auction notices as required by law.
The bank allegedly sold the land to Kanyi and Njeri for KSh 70 million—an amount significantly lower than the loan it had issued.
“There was no evidence that Kanyi and Njeri settled the KSh 70 million bid,” the affidavit reads. “If they had conducted proper due diligence, they would have known the land was already under occupation by our families. Their claim to ownership stands on quicksand.”
The plaintiffs have also sued the Registrar of Titles and the Chief Land Registrar, questioning how the disputed title transfers were approved and registered despite glaring irregularities.
What do squatters on Kahuho land demand?
They now seek several court orders, including:
- A declaration that they are the rightful owners of the land through adverse possession.
- Nullification of all titles registered in 2015, 2021, and subsequent transfers.
- An injunction barring the respondents from selling, leasing, or developing the property.
- A mandatory order requiring the transfer of title to the squatters.
- And compensation for costs and any further orders the court deems just.
On Thursday, July 31, the Deputy Registrar of the Environment and Land Court, Vincent Kiplangat, visited the site to assess the claims amid an ongoing investigation into the contested land ownership and alleged fraud.
Source: Original
The court is expected to determine the legality of the title transfers, the validity of the auction process, and whether the squatters’ claims meet the threshold for adverse possession.
Nairobi man charged with KSh 350m land fraud
In other news, Sammy Louis Karanja was charged at the Milimani Law Courts with conspiracy to defraud and multiple counts of forgery.
The case involved a prime land along Mombasa Road in Nairobi, valued at KSh 350 million.
Investigators alleged Karanja forged the signatures of former Lands Commissioners Jene Kanja and Sammy Silas Komen Mwaita. He was accused of presenting fake documents dated November 23, 2001, to support a fraudulent land claim.
Karanja and his associates also allegedly obtained KSh 2 million from Onda Concrete Limited under false pretences.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
