He denied claims he trespassed the land and maintained Chepkoech's husband sold him the suit land. He said his initial plan was to purchase two acres for Sh700, 000 an acre, but Kimutai wanted to sell the entire 83 acres.
Kinaro said he paid for the two acres then Kimutai gave him ten acres to subdivide and obtain buyers.
He later subdivided the ten-acre portion into quarter-acre plots, including his two acres and sold the subdivisions to buyers, he then transferred the plots to the buyers, and it instantly became an attractive business.
Kinaro said he started a business, Ekegoro Properties, adding that for the initial 10 acres, there was an agreement. They made another agreement for ten more acres at Sh750, 000 per acre, which sold quickly after subdivision into quarters.
He said before the subdivision of the second lot of ten acres, Kimutai added another ten acres to make it 20 acres, and he subdivided into 20 acres and sold them.
Time of disappearing
Kinaro said, Kimutai then sold a Mr Kwega some five acres, but Mr Kwega then disappeared. Kwega, at the time of disappearing, had subdivided and sold eighth and quarter-acre plots and could not be traced.
He said Kimutai directed the persons who bought Kwega's land to him, and he subdivided them under the docket of the 20 acres and sold them.
He revealed that he got more land from Kimutai subdivided and sold. He said he sent some of the money from the sale of the land to Kimutai's children as they claimed they had a pressing debt.
He said he would visit the deceased, and he was taken as a son in the family as Chepkoech used to welcome him very well.
He claimed they had a good relationship, and he did not foresee that there would be a problem later. He said he did everything he did out of trust.
Any agreement
Upon cross-examination by Mr Kipkoech, Kinaro stated he does not have any agreement for plot No. 2273.
Masolo, a resident of Kiamunyi and a teacher, said she knows those who sold her the land and added she did not conduct a search.
Koskey, a manager with a local insurance company, maintained that he purchased the land legally. He revealed he was aware of the cost Sh550, 000.
Lawyer Kipkoech, on behalf of Chekoech, submitted that even if the defendants have developed the suit property, they are trespassers for lack of sale agreement and consent.
The judge noted that from the evidence before the court, Kimutai appears to have sold various parcels of land to different people between 2006 and 2010 and received money for the sales, including from the sales to Kinaro.
The court, however, noted Chepkoech denied her husband ever sold the disputed land (LR NO Njoro/Ngata Block 2/2733).
The judge said the late Kimutai appears to have sold various parcels of land to different people between 2006 and 2010 and received money for the sales, including from the sales to Kinaro.
"It is however denied by the plaintiff that he ever sold LR NO Njoro/Ngata Block 2/2733 and indeed none of the agreements bear that LR Numbe," read part of the judgment.
The judge said LR NO Njoro/Ngata Block 2/2733 is a sister to LR NO Njoro/Ngata Block 2/2736, having emanated from the same subdivision scheme. The court noted the approach Kinaro took with regard to the alleged transactions over the two properties differ.
Undated application
Kinaro, according to the court, produced an undated application for consent to transfer LR NO Njoro/Ngata Block 2/2736 to him but none for LR NO Njoro/Ngata Block 2/2733 and a Land Control Board consent dated July 12, 2012, citing an application by the deceased allegedly dated July 10, 2012.
"Notably by these dates, Kimutai, who was supposed to be the applicant, was already deceased, having died on 21/11/2011, and it is a mystery as to how he could have made the LCB applications while deceased," ruled the court.
The judge said having traversed the pleadings and the evidence in the case, he found no evidence that the deceased ever entered into any agreement with Kinaro over the sale of LR NO Njoro/Ngata Block 2/2733.
"I have already earlier in this judgment examined and expressed great doubt as to the propriety of the application made for consent to subdivide and to transfer LR No Njoro/ Ngata Block 2/2736; those applications were purportedly made by the deceased yet the deceased was already dead by the dates of the application and of the consents," stated Justice Njoroge.
Sale agreement
The judge said it was clear there was no sale agreement between the deceased and Kinaro, adding that he rode on a wave of previous agreements to purport and hoodwink everyone that he had purchased the suit land from the deceased, while he had not.
"The 11th defendant not only trespassed upon the suit land but also caused other third parties to follow suit. A curious thing here, is that none of the other defendants established that they purchased their plots out of LR Number Njoro/Ngata Block2/2733," stated the judge.
The judge ordered Kinaro to pay Chepkoech Sh2 million as damages. He issued orders permanently barring the defendants from entering, remaining on, cultivating, or erecting structures in any other manner interfering with the suit land being Njoro/Ngata Block 12/2733.