Former MP's son defies court order, constructs house on disputed land

A son of the late Nominated MP Philip Kamau constructed a house on a six-acre piece of land in Njoro despite a court order and county government notice stopping the same.

The land forms part of Kamau’s estate, estimated to be worth over Sh1 billion which is yet to be distributed to the beneficiaries, including three widows.

Court documents state that Kamau’s son Joseph Njuguna, who is one of the administrators has allegedly been blocking some of his siblings from the estate.

Documents filed by Njuguna’s younger sister Elizabeth Wanjiku, show that a court order stopped interference on the estate’s properties, until Kamau’s succession case before Justice Samwel Mohochi is heard and determined.

“The county government issued an enforcement notice against the construction, however, the house has already been constructed and roofed,” she submits.

On November 20, 2023, Mohochi stopped the distribution and usage of the properties and other assets of the estate.

However, Wanjiku submits that Njuguna ignored the fact that the property was still registered in their father's name as the estate is not yet distributed and started construction in November 2023.

The Department of Land and Physical Planning, through Rongai Sub County planner, issued a stay order on November 27, 2023, directing Njuguna to stop any further development.

Court documents state that the county had not approved the construction.

When he allegedly ignored the same, the department issued an enforcement notice on January 25, 2024.

Wanjiku now seeks orders that the constructed house be demolished. She has sued Njuguna and her stepmothers, Teresia Njeri, Margaret Damat, and Lucy Wanjiru.

She also wants the four to be found guilty of contempt of court and be jailed or fined.

“The department should demolish the house, recover the costs of demolishing and charge Njuguna with developing on land without a permit,” she submits.

In response, the department through Patrick Mwai says they have commenced the process of enforcement.

Section 57 of the Physical and Land Use Planning Act states a person who carries out development without permission, commits an offence and is liable to a fine of Sh500,000 or a jail term of two months or both.

Njuguna defended himself saying no orders have been issued restraining him from accessing, developing the land, and enjoying any benefits from the estate.

Wanjiku is battling the four over control of the estate of her father Kamau and mother, Alice Kahaki who died on May 12, 2012, and August 25, 1983, respectively.

Kamau’s estate includes the famous Pinkam House and Molo House in Nakuru Central Business District, a slaughterhouse, a funeral home, prime plots, residential homes, shops, land, enterprises, motor vehicles, and savings in banks.

Other assets are shares in Mwariki Farm Limited, Kiamunyi Farm Limited, Embakasi Ranching Limited, and Mangu Enterprise Limited.

The case will be mentioned on July 23.