Ringtone's co-accused Alfred Ayoro at Environment and Land court in Milimani on June 13, 2025/JAMES GICHIGIAyora is said to have initiated legal proceedings involving the complainant, Teresiah Adhiambo Odhiambo, in 2023 over the disputed property.
Advocate Ndegwa, who appeared at the Environment and Land Court in Milimani on Friday holding brief in the ongoing suit, informed the court that he had received inadequate time and instructions to reexamine his client, prompting his application to withdraw from the matter.
“A party has a constitutional right to be represented by an advocate of their choice. The court cannot impose an advocate on a party,” Ndegwa submitted.
He invoked the right to a fair hearing as enshrined in the Constitution.
He further asked that the matter be adjourned to allow the applicant to engage another lawyer.
However, the defence opposed the request, arguing that the complainant's counsel had been granted enough time to reexamine his client and the application amounted to delaying tactics and an abuse of court process.
“Even if there was an appeal, it cannot operate as a stay of proceedings unless formally granted,” the counsel submitted, urging the court to consider the conduct of the complainant, whom they accused of employing “theatrics” including raising medical grounds to secure adjournments.
The court heard that Ndegwa had earlier indicated he was ready to proceed with the hearing and had appeared to represent the applicant, only to later claim difficulty.
“You cannot have it both ways,” the defence noted, referencing provisions under the Civil Procedure Act that stress the need for timely disposal of matters and allow courts to issue interim orders necessary to prevent abuse of process.
The hearing also featured heated cross-examinations, with Ayora questioned about financial inconsistencies and his alleged ties to the disputed property.
The defence challenged his claim that he spent Sh450,000 to construct a perimeter wall around the Karen property, pointing out inconsistencies in his M-Pesa records and suggesting he lacked the income to support such expenditure.
He claimed to have earned the money through a job but failed to produce any supporting documents or call witnesses to corroborate his transactions before the court.
He also admitted that no family member had been brought to court to support his claim of residency.
The case also drew attention to conflicting testimonies regarding Ayora’s alleged occupation of the land since 2001.
He told the court that he came to Nairobi that year and moved from Gachie to Githogoro, where he stayed briefly before relocating to the disputed land.
He claimed to have found a house abandoned in the land and took up residence there with his family.
However, in a statement gathered by the defence, Chief Charles Ngugi of the area disputed this, stating that he only became chief in 2011 and had no knowledge of Ayora living there since 2001.
In a recorded statement, Chief Ngugi described Ayora as a troublemaker, a characterisation Ayora dismissed as false.
Pressed further in court, Ayora conceded he had no documented evidence of residence dating back to 2001 nor for the building materials.
“I still live there,” he said.
In a rejoinder, the complainant’s counsel, Advocate Ndegwa, stated that his client was unwell and needed to seek further medical attention, citing that he was diabetic.
He prayed for an adjournment to allow the applicant time to return to the hospital for medical assistance.
The defence, in response, noted that there had been no demonstration or proof presented before the court to substantiate the medical reasons given as justification for the adjournment request.
Justice Charles Mbogo denied the application, citing that the complainant’s counsel had not provided sufficient grounds to warrant the request.
The defence argued that the court should exercise its discretion under the Civil Procedure Act to prevent unnecessary delays, emphasising the court's inherent authority to manage proceedings in the interest of justice.
"Based on the Civil Procedure Act, the Court has interim powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court," the defence submitted, quoting Section 3A of the Act.
Notably, both Ayora and Ringtone are also facing an ongoing criminal case alongside the civil dispute over the land.
