The Environment and Land Court ruled that a contested 135-acre parcel of land in Karen, Nairobi valued at over Sh8 billion, was fraudulently acquired, ordering the Chief Land Registrar to revoke all titles and sub-divisions.
Justice Oscar Angote determined that none of the five claimants, including Muchanga Limited, Telesource Ltd, Jina Enterprises, and individuals linked to the estate of Carmelina Mburu, had valid ownership.
The court noted that Muchanga Limited, led by Horatius Da Gama Rose, failed to provide proof of payment for the land, which it claimed to have purchased from Barclays Bank in 1983.
This exposes the land to more speculators and grabbers. The land is prime and idle for now.
The family of Horatius Da Gama Rose is expected to appeal and this may drag the matter in court for more years. The matter has been pending in court for more than ten years.
The judge found inconsistencies in the bank’s records, stating that documents did not confirm the sale or receipt of funds.
Evidence suggested that the land may have been part of the estate of John Mburu, who had paid for it in 1977 before his death in 1981.
The ruling also implicated former Lands Cabinet Secretary Charity Ngilu, who was suspended over the scandal in 2015 following allegations of irregularities but was later cleared of charges.
With all titles declared fraudulent, the land will revert to the executor of Arnold Bradley’s estate.
The Public Trustee has been directed to identify any rightful beneficiaries within 30 days for distribution under succession laws.
When the saga broke out in 2015, it emerged then top government officials and business people had allocated and subdivided the land to themselves.
This forced Horatius Da Gama Rose to seek court protection.
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