Mathira MP Rigathi Gachagua has said a Sh1.5 billion property in Nairobi’s Industrial area which is claimed by a retiree is legally his.
Former civil servant John Michael Ohas claims the land was grabbed from him.
Gachagua said he bought the property in 2012 for Sh24 million and a review of the title by the National Land Commission prove he is the legitimate owner.
He says Ohas never appealed against the NLC’s findings that the title deed to the land in legislator’s name is genuine.
Through his lawyer Philip Nyachoti the MP complained of interrogations by the Directorate of Criminal Investigations which he termed unconstitutional.
DCI had investigated the matter and concluded that there was fraud.
Gachagua questioned the DCI’s motive, saying it was not made in good faith or justified in law. DCI had recommended cancellation of the title held by the MP.
Ohas, a former director of physical planning in the Ministry of Lands, moved to court saying the title held by the MP was obtained fraudulently.
He said he was allocated the plot near Jomo Kenyatta International Airport in 1994 by former President Daniel Moi.
His company, Columbus Two Thousand, paid Sh50,000 after accepting the offer in May 1996.
"Since the investigations by the DCI was completed and a fraud established, they instructed the Department of Lands to recommend the cancellation of the fraudulent title and issue a genuine one to Columbus Two Thousand Ltd," Ohas said.
According to the MP, the land was allotted to Karandi Farm, owned by Peter Nduati and Pauline Muringe and who paid Sh54,000.
The couple approached the MP’s company, Wamunyoro Investment, and sold him the land for Sh24 million in June 2012. He later charged the property to Equity Bank.
Ohas lodged a complaint with NLC in January 2016, but the commission upheld the lease by Wamunyoro Investment because Ohas was unable to provide the original letter of allotment or receipt showing he accepted and paid for the offer.
The case will be heard on June 7.
