Dead lawyer’s signature cited in multi-billion Embakasi Ranching land grab claims

The unending, vicious and at times deadly wars for vast tracts of land and leadership control of the troubled Embakasi Ranching Company Limited have reared its ugly head once more with shareholders accusing a group of individuals of using allegedly forged court documents, signatures attributed to a dead lawyer and the impersonation of deceased officials in a scheme to dispossess them of their land and seize control of the multimillion-shilling land-buying company.

In a blow-by-blow petition to the country’s top judicial oversight bodies, the shareholders claim the disputed court proceedings are being used to legitimise an illegal takeover, sideline the company’s recognised leadership and undermine their property rights, raising serious questions about the integrity of the documents underpinning the case.

Bona fide shareholders allege that the well-choreographed scheme involves forgery, impersonation of deceased persons and police-assisted intimidation in a dispute they claim is designed to facilitate an illegal takeover of the company and grab its land.

In a petition addressed to Chief Justice Martha Koome, the Judicial Service Commission (JSC), Commission for Administrative Justice (CAJ) popularly known as Office of the Ombudsman and the Law Society of Kenya (LSK), the shareholders accuse Milimani High Court Commercial Division Judge Rhoda Ruttoh of relying on a disputed court order allegedly obtained through an application bearing the signature of a lawyer who died two decades ago.

“The matter was fraudulently executed using the signature of Howard Njoroge Mburu—a lawyer who had been dead for 13 years when his signature was affixed to the document,” the petitioners claim.

They also dispute the authority of individuals presenting themselves as former directors of the land-buying company, alleging they have never held the positions claimed and have failed to provide evidence establishing their credentials.

“They have never been directors, lack official credentials, and have continuously relied on forged and fraudulent documents to institute and maintain legal proceedings,” the shareholders argue.

The petition further alleges that one of the applicants is former company chairman Godfrey Muhuri Muchiri, whom the shareholders say died on May 31, 2006. They claim the court has continued handling the matter despite repeated notifications that the chairman referenced in the proceedings is deceased.

The shareholders maintain that the company’s legitimate leadership is reflected in records held by the Registrar of Companies, including current CR12 documents.

They say the individuals named as defendants constitute the lawful board, while those pursuing the suit were removed from office at a shareholders’ meeting on April 13, 2019.

They accuse Justice Rhoda Ruttoh of attempting to determine the company’s leadership and impose directors, undermining shareholders’ statutory right to elect their representatives through established corporate processes.

The petitioners further allege that genuine shareholders have repeatedly been denied opportunities to participate in the proceedings as interested parties, effectively excluding those whose interests are directly affected.

“There are severe procedural irregularities and systemic bias designed to protect ousted former leaders, including Walter Kigera Waireri and Lucy Nyokabi Mathenge,” they state.

They also question Justice Ruttoh’s handling of a ruling delivered on August 6, 2026, claiming only its concluding portion was read in open court, while the complete written decision was uploaded six days later.

The petition describes the written ruling as having been “reverse-engineered” following alleged instructions from powerful external figures to protect what the shareholders call a land-grabbing enterprise. No independently verified evidence has been presented in the allegations to establish that the ruling was altered or influenced by outside actors.

The shareholders also fault the court for allegedly disregarding arguments based on Section 275A(1) of the Companies Act, which they contend should have resulted in termination of the case.

They say the prolonged litigation has paralysed essential corporate governance functions, including the holding of annual general meetings required under the law.

“The case has effectively prevented the company from conducting mandatory AGMs and exercising normal corporate operations,” the petition states.

Outside the courtroom, the shareholders accuse former officials of illegally occupying company premises without shareholder authority. They further allege that police officers drawn from Kayole, operating under a Sub-County Police Commander, have repeatedly sided with the disputed leadership faction.

According to the petition, company offices have been raided at least eight times, with officers allegedly disrupting shareholder gatherings and facilitating the continued occupation of the premises by individuals whose authority is contested.

The shareholders describe the alleged interventions as intimidation intended to frustrate their efforts to protect the company and their interests. The claims of police misconduct have not been independently verified.

In their demands, the petitioners want Justice Ruttoh removed from the case and the file reassigned to an independent bench.

They are also urging the JSC to “launch formal disciplinary proceedings against Justice Ruttoh” over alleged violations of judicial independence and what they describe as the facilitation of an illegal corporate takeover.

They further want the proceedings terminated as a “legal nullity” allegedly founded on forgery, impersonation and fraudulent signatures.

In response, the JSC assured the petitioners that their complaint would be processed in accordance with the law and that they would be informed of the outcome.

Chief Justice Koome, however, advised the shareholders to appeal Justice Ruttoh’s ruling, saying she lacked the power to terminate or transfer a matter pending before a judge.