- While the records from the Survey of Kenya indicate that the excision on the land was concluded on October 31, 2023, and that subdivision has been completed, a search at the Thika Land registry indicates that the parcel is still under the name of Njeri.
- The Thika Municipality Block 40/2414 has been at the centre of contention between Kiragu and the original owner Martha Njeri Ndung’u.
Image: FILE
A Thika court has summoned the Thika land registrar to shed light on the status of a 6.613-acre land that Lesedi Developers Limited CEO Geoffrey Kiragu intends to resettle investors.
The Thika Municipality Block 40/2414 has been at the centre of contention between Kiragu and the original owner Martha Njeri Ndung’u.
While the records from the Survey of Kenya indicate that the excision on the land was concluded on October 31, 2023, and that subdivision has been completed, a search at the Thika Land registry indicates that the parcel is still under the name of Njeri.
To clear the air on why the title deed has not yet been subdivided as per the records from Survey of Kenya, Thika Chief Magistrate Stella Atambo who has been handling the case filed by Lesedi investors summoned the land registrar sitting in Thika to appear before her court on Monday, March 11, 2024.
“To facilitate meaningful progress, the land registrar Thika be and is hereby summoned to appear before this court on March 11, 2024, at 2:30 pm to explain the discrepancy or difference in the mother title number Thika Municipality Block 40/2414 because records with the survey of Kenya map show the relevant parcel was excised and subdivided while the Thika lands registry does not reflect this,” ordered Atambo.
The registrar will further be expected to explain the steps he intends to undertake to rectify the anomaly to facilitate the settlement of the complainants.
The court at the same time summoned Martha Njeri Ndung’u, the original owner of the land to explain why the subject parcel is still under her name despite the Environment Land Court having ordered that she facilitate the transfer of the parcel to Kiragu and or his company – Lesedi Developers Limited.
“Summons to issue to the registered owner of the subject parcel one Martha Njeri Ndung’u to appear before this court on March 11, 2024, at 2:30 PM to come and explain to this court why the subject parcel is still in her name despite the Environment Land Court consent dated September 14, 2022, wherein she was to facilitate transfer to the accused persons, company or names herein to give way to the complainants being allocated parcels which they had made payments,” ruled Atambo.
Atambo had earlier urged the parties to consider settling the matter amicably through resettlement and urged Kiragu to consider refunding the land buyers their money.
But going by submissions from both the prosecution and the defence counsels, Atambo decried that there was minimal progress on the resettlement bid.
“It’s however better than nothing now that we have counsels watching brief for the complainants,” she said.
A spirited attempt by his lawyers led by Mwenda Njagi to have the warrant of arrest issued against Kiragu for failing to appear for court sessions hit a snag after the court prosecutor Toros Jebet opposed it saying the medical documents brought in court required further verification to ascertain authenticity.
The chief magistrate thereby ordered the prosecution and the investigating officer to continue verifying the medical documents furnished to her court indicating that Kiragu had been unwell.
“The prosecution and the investigating officer are given time to verify the medical documents furnished to this court indicating that the accused person is unwell hence the reason for his absence. The warrant of arrest that is in place remains in force until then,” ruled Atambo.
Last month, Kiragu’s lawyer Julius Omuga furnished the court with medical documents indicating that the accused person has been under monitoring and treatment at Bughuta Health Centre in the past one and a half months.
“I recommend a 30-day bed rest for him under close supervision of medics effective February 13, 2024. Please accord him the necessary aid during the said period,” a medical document which was produced in court read.
The matter will be mentioned on Monday, March 11 at 4 PM to confirm compliance with the court directives.