• Buyers of land that was owned by former spymaster James Kanyotu risk losing their investments.
• Kanyotu's widow Margaret Nyakinyua Murigu is now urging the High Court to cancel all the titles issued to individuals and companies which bought land from the 500-acre Kangaita Coffee Estate Limited in Ruiru, Kiambu, valued at more than Sh10 billion.
Image: FILE
Buyers of land that was owned by former spymaster James Kanyotu risk losing their investments.
Kanyotu's widow Margaret Nyakinyua Murigu is now urging the High Court to cancel all the titles issued to individuals and companies which bought land from the 500-acre Kangaita Coffee Estate Limited in Ruiru, Kiambu, valued at more than Sh10 billion.
Nyakinyua, in the case filed under a certificate of urgency, is asking the court to issue orders of eviction and demolition of structures put up on the farm in dispute, which is 200m Ruiru police station.
She said the land was sold when there was caveat emptor published in the press warning members of the public against buying it since it was subject of litigation.
In court papers, Nyakinyua said that on November 29, 2014, and May 30, 2019, they placed a caveat emptor in one of the daily newspapers warning members of the public against buying the land.
She said the parcel was not up for sale as there was a court injunction restraining all transfers and dealings on the disputed land reference number L.R. No 11261/76 registered under Kangaita Coffee Estate Ltd.
Two Kanyotu's widows Nyakinyua and Mary Wanjiku, who are both administrators, placed the adverts in the newspaper through the law firm of Wahome & Akedi.
The widows says they did not authorise any sale, subdivision of the land to Trendsetters Investments Limited, Mariot Africa International Limited or any other person or third party claiming ownership.
“Any such persons, prospective and interested parties are therefore warned that any dealings related to the said property are void abinitio ( of no legal effect) and are taken at your own risk,” the widows stated in the advert then added , “ the land is still subject of litigation.”
Nyakinyua is urging the court to compel the officer commanding Ruiru police station to enforce court orders by supervising the eviction of all those individuals who bought the land when there were court orders and a caveat emptor against any sale.
“I urge this court to issue an order extending the inhibition and preservation orders of the Chief Justice David Maraga dated October 25, 2011, in respect to suit property," Nyakinyua said.
The widow says in the court documents that a Deliverance Church was involved in the sale of the land with senior security officers being among those who have bought the land.
Nyakinyua and Wanjiku said despite several orders being served to Ruiru police station no action has been taken.
She has presented to the court a list of 83 titles issued between 2014 and 2019 for cancellation, saying those who bought the land did so in contravention of the orders of the CJ, Justice George Ndulu, Justice Roselyn Nambuye and Justice Luka Kimaru.
Nyakinyua who has named Trendsetters, the principal registrar and the Attorney General as respondents, states they will suffer no prejudice if the inhibition and preservations orders prayed for are granted.
Several suits over the multi-billion shilling properties of Kanyotu have been filed since 2008 when he passed away.
Nyakinyua is further urging the land suit be transferred to the Family Division of the High Court from the Commercial Division for determination alongside other pending suits.