The mystery surrounding a Sh2 billion prime piece of property that has been in and out of the courts for the last 16 years has taken a new twist after it emerged that Nairobi governor Johnson Sakaja wants to buy it.
The land made headlines early this month after armed youths who were guarding the property locked the gates and temporarily detained Lands Cabinet Secretary Alice Wahome.
The CS had visited the prime land to assist the rightful owners access the expansive parcel along Lower Kabete Road following a court order.
However, when the CS arrived with a team from her ministry, tens of youths who were guarding the land, locked the only exit gate immediately after Wahome entered.
Apparently, the owner of the land is accusing former Nairobi Provincial Commissioner Davis Nathan Chelogoi of defying court orders in continuing to illegally occupy the parcel of land.
Chelogoi is accused of frustrating businessman Ashok Kumar Rupshi despite a high court judgment and several court orders that ordered the former PC to surrender the property to Ashok, who the court ruled is the genuine owner of the land.
The protracted land battle dates back to 2019 with High Court case number 312 of 2009, between Ashok Kumar Rupshi, Hitten Kumar and the late Jacob Juma.
However fresh details published on March 31 by the Sunday Nation show that Nairobi Governor Johnson Sakaja last year entered into an agreement with Chelogoi to buy the land for Sh900 million.
According to the Nation, Sakaja through his company Ayoti Limited signed an agreement with Chelogoi on April 18, 2023.
Interestingly, this agreement was made just eight months after Chelogoi entered an application in court to be enjoined in another case about the land’s ownership in court.
In March, a Milimani Court directed that Chelogoi be charged for the offence of fraudulent acquisition of a Multi-billion shillings property located at Loresho, Nairobi.
Trial Magistrate Dolphina Alego said Chelogoi has never appeared in court to take plea as directed.
She said the court will visit Chelogoi either in hospital as claimed by his defense lawyer or wherever he will be for the purpose of plea taking.
The Magistrate said the application made by defense counsel professor Tom Ojienda on grounds that his client is unwell and subsequent production of medical documents can no longer be entertained by the court.
Chelogoi has been fighting over the ownership of the land since 2009 but lost the fight when the Environment and Land Court ruled that it was grabbed by late businessman Jacob Juma in 2008.
The court ruled in 2022 that Juma, who died in May 2016, obtained documents to the land fraudulently.
Justice Loise Komingoi then ordered the cancellation of the face documents and directed Juma’s widow – Miriam Wairimu to compensate Shah and Kumar Sh50 million as damages for trespass and for denying the real owners the right to enjoy their property.
