Ex-Kikuyu MP Nguyai defeats widow in multimillion Lower Kabete property dispute

Former Kikuyu Member of Parliament (MP) Lewis Nguyai has won a prolonged legal battle against a widow over a multimillion-shilling property in Lower Kabete after the Environment and Land Court dismissed a suit filed by a widow who had sought his eviction and claimed Sh61.2 million in rent arrears and mesne profits.

In a judgment delivered by Justice Mohammed Kullow, the court found that the widow, Betty Wanjiku Gakuru, failed to prove allegations that documents relied on by Nguyai to assert ownership of the property were forged.

Nguyai maintained that he lawfully purchased the land from Gakuru’s late husband, George Gakuru, in 1999 for Sh3.2 million.

Curiously, the court noted that the widow had challenged the authenticity of signatures on the sale agreement and payment acknowledgment, but did not provide expert forensic evidence to support claims of forgery.

Justice Kullow held that the burden of proof rested on the plaintiff and ruled that mere allegations were insufficient to discredit the documentary evidence presented by Nguyai.

“In the absence of expert evidence or any other cogent evidence demonstrating forgery, the Court is unable to find that the defendant’s documents were forged,” the judge stated.

Gakuru had told the court that Nguyai unlawfully took possession of the property in 2005 and had since occupied it without her consent or payment of rent. She also accused him of constructing buildings on the land without authority and argued that her ownership rights had been violated.

She further said she reported the matter to Kikuyu and Spring Valley police stations in 2008, but efforts to evict Nguyai were unsuccessful.

However, Nguyai denied any unlawful occupation, stating that he had taken possession of the property after purchasing it and had lived there openly and continuously since 2001.

He also argued that no landlord-tenant relationship existed and therefore no rent was owed.

He maintained that he fully paid the agreed purchase price, with the seller acknowledging receipt of funds and committing to transfer the property, which was later stalled due to complications involving the deceased’s legal representatives.

Nguyai further argued, in the alternative, that he had acquired ownership through adverse possession, having occupied the land openly and uninterrupted for more than 12 years. He also said the widow’s claim was time-barred.

The court was presented with extensive documentary evidence, including banking records, escrow documents and witness statements supporting Nguyai’s account.

Advocate Jane Mbatia, who prepared and witnessed the sale agreement, also testified in his favour, with the court noting that her evidence remained largely unshaken during cross-examination.

Justice Kullow found that the plaintiff had failed to dislodge the documentary trail supporting the transaction and concluded that Nguyai had established a beneficial interest in the property.

The court therefore ordered Gakuru to transfer the property to Nguyai within 60 days. If she fails to comply, the Deputy Registrar will be authorised to execute the transfer documents.