Ex-KDF soldier petitions JSC over ruling in Sh100 million land dispute

Former military veteran Mary Waithira during the interview at Standard Group headquarters in Nairobi on September 15, 2026. [Edward Kiplimo, Standard]

Mary Waithira Njoroge hoped to live a peaceful life after 29 years of service in the Kenya Defence Forces. But that has not been the case for the retired Warrant Officer II who hung up her boots in 2006.

Since her retirement, Waithira has been locked in a legal battle over her prime parcel of land in Thome estate.

The 75-year-old says the property, currently valued at Sh100 million, is being claimed by Benson Maingi Mutahi and his wife Hellen Wanjiku, whom she describes as strangers.

On February 26, Milimani Senior Principal Magistrate Gilbert Shikwe ruled the couple was the rightful owner of the land. While Waithira denies ever knowing or meeting the couple, the court found that she had at one point interacted with them and, on various dates, received M-Pesa payments, totalling Sh89,000.

She says the court was misled into accepting the couple’s account and ignored evidence from the DCI that her signature had been forged and the couple was in possession of an alleged fraudulent title deed.

The former KDF soldier has written to the Judicial Service Commission (JSC) seeking an investigation into the conduct of Shikwe, accusing him of overlooking vital documents presented by government agencies.

Waithira’s troubles began in 2017 when she sought to sell the 0.1964-hectare parcel for Sh33.5 million. She purchased the property in 2005 from Joreth Ltd and obtained the necessary ownership documents. “I had planned to use proceeds from the sale to develop rental apartments elsewhere,” she says.

She later met Grace Waringa Mungai, who expressed interest in the property. They entered into a sale agreement before lawyer Mike Oyoo Wagunda of Wagunda & Co Advocates.

Waithira was paid Sh50,000 deposit and surrendered original title deed, ballot receipt, copy of KRA PIN, national ID and a signed transfer form to the lawyer.

Waringa was to pay Sh20 million after a week and the balance in three months. When the delay stretched to three months, Waithira returned to the lawyer and demanded her documents.

She later discovered her land had been sold to Maingi and his wife for Sh18 million without her knowledge.

Waithira reported the matter to DCI headquarters, where document examiner Geoffrey Chania found the sale agreement signed by the retired soldier was fraudulent and her signature was forged.

Land Fraud Unit also found Waithira’s title was genuine, while that of the couple was irregularly obtained.

Detectives recommended Oyoo and the couple face criminal charges and, in June 25, 2021, asked the Lands PS to cancel the couple’s title.

Magistrate Shikwe’s ruling also acquited Oyoo which Waithira disagrees with. She has petitioned JSC for a fresh hearing, insisting she was denied a fair hearing and that crucial evidence was disregarded.