Former Kiambu Governor William Kabogo has lost possession of a multi-million worth property in Nairobi’s Westlands area that was fraudulently acquired by his company.
Kabogo, through his firm, Caroget investments is now required to pay Sh100 million as general damages to Aster Holdings Limited for the illegal occupation.
Justice Elijah Obaga has further ordered Kabogo's firm to vacate the 5.2-acre parcel of land on Mvuli Road and hand it over to its registered owner with immediate effect, ending the long-running dispute.
"The suit property history is that it had been in private ownership since 1946. It ceased to be government land and was therefore not available for alienation by the Commissioner of Lands. The suit property never reverted back to the government as to be available for re-allocation," Obaga ruled on Wednesday.
Aster Holdings had sued Nairobi County Council, the Lands commissioner, the Registrar of Titles, the Attorney General and Caroget.
In April, Kabogo told court that he duly registered the land estimated to be worth Sh3.5 billion, in 2007 with Lands ministry after paying all the requisite fees.
But judge Obaga said the land was fraudulently obtained in a well-orchestrated scheme that began in 2006.
He said for 14 years, Nayan Patel who is the rightful registered owner of the suit property, could not develop it because of the illegal occupation.
"From the evidence adduced herein and the documents produced in this case, it is clear that the title by the first defendant (Nairobi County Government) which was subsequently transferred to the fifth defendant (Caroget Investment Ltd) was obtained illegally, unprocedurally and through corrupt scheme," Obaga said.
According to documents, Kabogo title was later cancelled but Caroget moved to court and managed to quash the revocation.
Aster Holdings had initially bought two parcels of land in 1993 for Sh11 million. The titles were later amalgamated with plans to establish a residential hotel and apartment.
Justice Obaga said the property was not available for allocation to the City Council, because it had already been purchased and the title amalgamated.