Former land commissioner’s family battle developer over Sh27m property

Elisha Chebii's family is engaged in a court battle with a developer over a 15-acre property in Olongai Scheme, Nakuru County. [File, Standard]

The family of former Deputy Commissioner lands Elisha Chebii Chesiyna are engaged in a court battle with a private developer over a 15-acre property in Olongai Scheme, within Nakuru County.

Domiziano Njeru and Chebii’s daughter Jebet Chesiyna appeared virtually before Justice John Mutungi on Thursday after they failed to agree to settle the matter outside court.

Njeru in his case claims he entered into a sale agreement on April 1, 2013, to sell the 15-acre land to the late commissioner Chebii, for Sh27 Million.

He, however, claims Chebii only managed to pay Sh11.7 million and took over possession with a promise to pay the remaining Sh15.3 million.

Mangled lock at the home. [File, Standard]

He says despite several demands, Chebii refused to fully pay the balance before his death on June 17, 2020.

In response, however, Ms Chesiyna claims her father paid all the sum. She says she is entitled to possess the property.

She accuses Njeru of trespassing into the portion sometime in November 2016, cutting down trees, pulling down fences and ploughing it in readiness for planting.

“Although the court had allowed my father’s family to possess the land until the case is heard and determined, Njeru’s seven-bedroom house and servant quarters still stands on the property,” claims Chesiyna.

Smashed door. [File, Standard]

On November 25, 2020, Justice Dalmas Ohungo gave a ruling directing Njeru to refund Sh8.3 million to Chesiyna.

Ohungo ordered the remaining Sh3,400,000 to be damages in the case, noting Chebii breached contract agreement between him and Njeru.

The court ordered that upon the completion of the payment the sale agreement between Njeru and Chebii shall stand revoked.

However, on February 6, last year, strangers allegedly raided Njeru’s home his residential home, destroyed and looted property worth Sh2.7 million and razed down six servant quarters razed down.

Ransacked living room in the Sh27m property. [File, Standard]

Njeru alleges that Chesiyna used an outdated court order that allowed her to possess the property to ensure the eviction and destruction of property.

Chesiyna was issued with letters of administration for the land on September 10, 2020.