Court of Appeal Dismisses KSh3B Runda Land Claim
The Court of Appeal has dismissed a KSh3 billion land claim over a prime property in Nairobi’s Runda estate.
The case involved businessman Peter Burugu, owner of Kiambu Mall and Bia Tosha Distributors Limited. He had claimed ownership of the disputed parcel.
In a detailed 135-page judgment, Justices Patrick Kiage, Weldon Korir, and George Odunga rejected the claim.
The judges upheld an earlier ruling of the Environment and Land Court.
Judges Cite Irregular Company Records
The appellate court retraced the ownership history of the land.
Central to the dispute were two companies:
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Jumchem Healthcare Ltd (also known as Runda Palms)
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William & Kennedy Limited (WKL)
Court records showed both entities were registered on a weekend in 1955.
The judges noted that government registries did not operate on weekends at the time. They treated this anomaly as a serious red flag.
Further inconsistencies emerged.
Francis Ng’ang’a, identified as Managing Director of WKL, claimed he purchased shares in January 1904.
However, official records showed WKL was incorporated in 1955 — 51 years later.
The court described the timeline as legally impossible.
“You cannot purchase shares in a company that does not exist,” the judges observed in their analysis.
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Forensic Evidence and Alleged Forgery
The case was further weakened by forensic testimony.
A Chief Inspector of Police and a Superintendent of Police testified that signatures attributed to former Commissioner of Lands James Raymond Njenga and lawyer Fred Ngatia were forged.
The court relied heavily on this expert evidence.
The judges concluded that the title relied upon in the claim was tainted by serious irregularities.
They emphasized that possession of a title deed alone does not shield ownership where fraud is established.
Claims of Intended Acquisition Rejected
Burugu’s side also argued that Post Bank Credit had shown interest in acquiring the property in 2007.
However, documentary evidence from:
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The Department of Government Valuation
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The Kenya Urban Roads Authority
indicated no formal acquisition process had ever been initiated.
The appellate court found no evidence supporting the claim.
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Possible Supreme Court Appeal
After six years of litigation, the ruling appears to close one chapter in the dispute.
However, William & Kennedy Limited has indicated it may escalate the matter to the Supreme Court.
For now, the decision stands as a strong judicial statement against questionable land documentation and irregular corporate transactions.
Source: nyakundireports.com