Legality of controversial Karen land title queried
What you need to know:
- State counsel Allan Kamau, representing the ministry, argued that Mr Horatius Da Gama Rose and his company, Muchanga Investments Limited, had not provided evidence showing they genuinely acquired the land from Barclays Bank of Kenya.
- Mr Kamau, in his submissions, relied on the affidavit sworn by lands deputy chief registrar Geoffrey Birundi, who stated the lands office does not have any records showing the land is registered under Muchanga Investment Ltd.
- He said Telesource’s title is LR3586/3 registered as IR31187/1 while Muchanga Ltd’s title is LR3586/3 registered as IR37285. Both titles are for the same land.
The Ministry of Lands is questioning legality of a title deed issued to a businessman claiming ownership of 134 acres at Karen, Nairobi.
State counsel Allan Kamau, representing the ministry, argued that Mr Horatius Da Gama Rose and his company, Muchanga Investments Limited, had not provided evidence showing they genuinely acquired the land from Barclays Bank of Kenya.
“Any contract for sale of land must be in writing. They have not provided any evidence to prove they bought the land from the bank. The dispute might go beyond this court to establish who has the genuine title,” said Mr Kamau.
Mr Rose, in his application, stated he bought the land in 1982, for Sh1.2 million. The bank allegedly held the land in trust for its original owner, Mr Arnold Bradley.
Mr Kamau, in his submissions, relied on the affidavit sworn by lands deputy chief registrar Geoffrey Birundi, who stated the lands office does not have any records showing the land is registered under Muchanga Investment Ltd.
According to the lands registrar, the land was originally owned by a Mr John Mugo Kamau, who sold it to Telesource Ltd in 2005.
“According to our records, Telesource Ltd is the registered proprietor of the land which bears a different registration number from the one being claimed by Muchanga Investment Ltd,” Mr Birundi said.
He said Telesource’s title is LR3586/3 registered as IR31187/1 while Muchanga Ltd’s title is LR3586/3 registered as IR37285. Both titles are for the same land.
Mr Birundi said he was aware that after the title was issued to Telesource Ltd, the land was sub-divided and titles issued to some 189 individuals.
The widow of a former Provincial Commissioner, Mr John Mburu, Ms Carmelina Mburu, added a twist to the saga, claiming she now owns the land having inherited it from him.
