Former Nairobi Governor Mike Sonko has been cleared of any wrongdoing in a long-running land dispute after the Environment and Land Court in Kwale ruled that former Msambweni MP Omari Mbwana Zonga was solely responsible for the double sale of the contested parcel.
The case, Southern Bay Limited v. Gideon Mbuvi Kioko & Others (ELCC 166 of 2021), revolved around ownership of land parcel Kwale/Kinondo Ramisi SSS/193.
Delivering judgment, Justice A.E. Dena found that Zonga illegally sold the same property twice — first to Sonko in March 2013 for KSh 9 million, and later to Southern Bay Limited in April 2014 for KSh 7.75 million.
The court ruled that by the time Southern Bay Limited entered the second agreement, Zonga “had no capacity both legally and morally” to sell the land, as it had already been transferred to Sonko and registered under his name on March 26, 2013.
“Since the plaintiff’s transaction was undertaken after the 3rd defendant had already sold the property to someone else and executed the transfer, he had no capacity both legally and morally to transfer the suit property,” Justice Dena stated.
Zonga Ordered to Refund Millions
Justice Dena ordered Zonga to refund KSh 7,905,040 to Southern Bay Limited — representing the purchase price and stamp duty — with interest from December 6, 2018, until full payment, and to bear all legal costs.
The court dismissed allegations of fraud or collusion against Sonko and the Kwale Land Registrar, affirming Sonko’s ownership of the property.
The ruling effectively ends a four-year legal battle that highlighted the rampant issue of double land sales along Kenya’s Coast region.
Court Condemns Unjust Enrichment
Justice Dena further emphasized that allowing Zonga to retain the money paid by the second buyer would amount to unjust enrichment, reinforcing that all liability lies with him.
With the judgment, Mike Sonko — whose full name is Gideon Kioko Mbuvi — remains the legally registered proprietor of the disputed land, while the plaintiff’s recourse is to recover funds from the former legislator.
