Four shareholders of the now controversial Makandui Farm Company Limited in Rongai, Nakuru county are embroiled in a vicious court battle over disputed subdivision of 588 acres of land in Rongai, Nakuru county amid claims that one of the shareholders hatched a scheme to dispossess his partners and procured a title deed using fake documents, The Informer Media Group can authoritatively reveal.
The now almost half a century protracted suit which initially came to the fore in 1974 has now morphed into multiple litigations with the Nakuru High Court sustaining two similar rulings, in 2001 and 2004 following dismissed appeal affirming the ownership status and the sub-division criteria based on the contribution ratio amongst the four parties.
Thereafter, the Deputy Registrar of the High Court issued a consolidated decree of both the High Court and the Court of Appeal decision on July 1, 2016.
Based on their contribution ratio towards the purchase of the said land, the court ruled that the Estate of Mwangi Muhoro gets 290 acres, Willie Kiritu 149 cares, Lawrence Mwangi 28 acres and Arthur Wambugu 121 acres respectively.
However, Muhoro’s family has sued Wambugu for allegedly grabbing their land and for allegedly processing a title deed fraudulently using fake documents.
The Deputy Registrar decreed that upon issuance of the decree, the parties settled on the land as decreed by the court as instructed.
According to the decree, Mwangi Muhoro settled on L.R No. 9271/3 (I.R No. 9271/1/1) measuring approximately 118.73 Ha which translates to approximately 290 acres.
On the other hand, the decree provided that Wambugu settled on L.R No. 9271/4 (I.R No. 9271/1/2) measuring approximately 48.92 Ha which translates to approximately 121 acres.
Kiritu settled on L.R No. 9271/5 (I.R No. 9271/1/3) measuring approximately 59.51 Ha which translates to approximately 149 acres.
The decree provided that Lawrence on the other hand settled on L.R No. 9271/6 (I.R. No. 9271/1/4) measuring approximately 10.07 Ha which translates to approximately 28 acres.
However, in a new suit filed by Muhoro’s family, they accuse Wambugu of illegally annexing their land and adding to himself 71.44 acres and irregularly procuring a title deed.
In the suit before Nakuru High Court Judge Justice H.M Nyaga, Kiritu is listed as the first defendants, while Lawrence, Wambugu and Makandui Farm Company Limited are listed as second, third and fourth respondents respectively.
“That despite there being a valid court decree, the 3rd defendant/ respondent herein without any colour of right fraudulently procured a certificate of title for a parcel of land certificate of title for a parcel of land known as L.R No. 9271/9 situated in the North West of Njoro Township in Nakuru District measuring approximately seventy-seven decimals eight-eight hectares (77.88Ha) (herein referred to as the suit property).” Court records filed by Mirugi Kariuki &CO in favour of Muhoro’s family read in part.
In their submissions, Mirugi says that on several occasions, Wambugu has trespassed his clients’ parcel, L. R No. 9271/3 (I.R No. 9271/1/1) measuring 290 acres while in the company of goons and a surveyor with the intention of evicting the beneficiaries of the plaintiff’s estate and having the land subdivided.
According to documents filed in court, Mwangi Muhoro died on August 10, 2005 and the Letters of Administration Ad Litem, in respect to his estate was issued to the proposed substitute, his wife, Esther Njeri Mwangi who then died in June 2023 and subsequently, their first born daughter Margaret Wambui Mwangi proposed as the administrator of Mwangi Muhoro’s estate on September 18, 2023.
“The High Court of Nakuru had pronounced itself by appointing and empowering the Deputy Register to sign all forms leading to the transfer of the land as ordered previously in 2016. Arthur Wambugu was fraudulently issued with a certificate of Title No. IR246235 measuring 192.44 acres which is contrary to the decree of 2016.” Documents filed in court read in part.
Wambugu is accused of fraudulently procuring the now disputed title by making illegal entries on February 23, 2022 through the office of Registrar of Titles which reads in part: “Transfer to Arthur Wambugu Muiga L.R. No. 9271/9 corig no. 9271/1/8 area 77.88Ha, Term 99 years from 01.12.1956. Vide CT IR 246235. Presentation No. 3004.
According to documents seen by The Informer Media Group, Wambugu paid a stamp duty o Sh500 for the same on November 14, 2023 to facilitate the processing of the said illegal title.
“I certify that Arthur Wambugu Muiga …..in the Republic of Kenya, pursuant to a transfer ( registered as IR.17573/16) are now the proprietor (s) as lessee (s) from the government of the Republic of Kenya.” A copy of the disputed certificate of tile reads in part.
A land search indicates the said land I.R 246235 does not exist and it is part of the IR 17573 which belongs to the family of Muhoro.
A map seen by The Informer Media Group also indicates the boundary that had earlier on been set when Muhoro was alive was rubbed off by a land surveyor and a new one was fixed by the said surveyor.
