Lands official, chief summoned as Kulei defends land papers

Joshua Kulei is cross-examined by his lawyer Tom Ojienda on July 31, 2024. [Kipsang Joseph, Standard]

A senior Lands official and two others have been summoned to court to shed light on a disputed piece of land in Nakuru.

The Environment and Land Court wants Nairobi Lands Chief Registrar Wanderi Muigai, Ngata Location Chief Augustine Cheruiyot and Carolyne Mutungi of Postbank.

Judge Anthony Ombwayo issued the summons following an application by lawyers Tom Ojienda and Cecilia Misati, representing Joshua Kulei.

Omar Mohamed Omar and Patrick Maina Wakanda have sued Kulei, Chief Land Registrar, Attorney General and Sian Enterprises Ltd.

Omar and Wakanda claim ADC allotted them 20.24 hectares of land following an application and upon compliance with the conditions contained in the letter of offer.

Omar, on Tuesday, told the court that he first applied for land on October 8, 1995, together with his age mate Wakanda, at the age of about 21, and was issued with the title deed in 1996.

Wednesday, Kulei told the court he acquired the land from former CS the late Joseph Nkaiserry. He also said he is the chairman of Sian Enterprises.

He said he realised that he had been dispossessed of the land on January 19 when a fence around it was removed and a temporary house constructed.

Kulei said ADC transferred the property to Nkaiserry on January 21, 1991, and registered on January 22, 1991, for consideration of Sh60,015 .63. Nkaiserry was issued with a certificate of title dated February 22, 1991.

In March, 1998, Sian agreed to buy the property for Sh5.5 million, which was paid in two installments on March 23, 1998, and July 23, 1998.

“Having finalised payment of the purchase price, the parties executed a transfer dated August 20, 1999, effectively vesting proprietary rights over the suit property on the 4th respondent (Sian Enterprise Limited),” he stated. 

On September 8, 1999, the transfer of the suit property was registered in favour of Sian.

“Immediately after purchasing the suit property, the 4th defendant (Sian Enterprises Limited) took vacant possession of the suit property more than 20 years ago and has enjoyed quiet occupation of the same. The plaintiffs (Omar and Wakanda) were never on the suit property before commencing their cause of action,” said Kulei.