New twist in ownership of Sh8 billion Karen land
Lawyers Pauline Kiteng’e (left), for Ms Catherine Njeri, with other parties in the Karen land case at the Milimani Law Courts in Nairobi on October 9, 2020.
What you need to know:
- Ms Catherine Njeri, the appointed administrator to the estate of Ms Carmelina Mburu (who died last year), tendered before Justice Elijah Obaga evidence dating as far back as 1978, showing that the late John Mburu, a former Nairobi provincial commissioner, secured a bank loan using the title deed to the land.
- The ownership dispute pits Muchanga Investments Limited (MIL), associated with former Vice President Moody Awori, the late Horatius Da Gama Rose, former NSSF managing trustee Josphat Konzolo and Ms Mburu.
The dispute over ownership of the Sh8 billion Karen land took a dramatic turn on Friday, when a widow presented to the High Court evidence to prove that her late husband had a title deed to the upmarket property.
Ms Catherine Njeri, the appointed administrator to the estate of Ms Carmelina Mburu (who died last year), tendered before Justice Elijah Obaga evidence dating as far back as 1978, showing that the late John Mburu, a former Nairobi provincial commissioner, secured a bank loan using the title deed to the land.
Sharpley, Barret & Company Advocates wrote to the then commissioner of lands to make entries in the title to show the late Mburu had secured the loan.
The ownership dispute pits Muchanga Investments Limited (MIL), associated with former Vice President Moody Awori, the late Horatius Da Gama Rose, former NSSF managing trustee Josphat Konzolo and Ms Mburu.
MIL, through lawyers Cecil Miller and Peter Wena, has obtained orders restraining Mr Konzolo, Ms Mburu and others from interfering with the land which it bought from Barclays Bank of Kenya Limited.
The bank had been appointed to administer it on behalf of the estate of the late Arnold Bradley.
Ms Mburu, who is represented in the case by lawyers William Arusei, Pauline Kiteng’e and Kenneth Kamau, has maintained that the 134-acre piece of land belongs to her late husband.
Paper trail
Cross-examined over its ownership, Mr Dimitri Da Gama Rose, the heir to the estate of the late Horatius Da Gama Rose and a director of MIL, said paper trail shows the ownership of the prime land, which is under police guard.
Through a letter to the then Commissioner of Lands in 1978, the late Mburu, through his lawyers Sharpley, Barret &Company Advocates, requested that an entry be made in the title deed for securing a bank loan.
Mr Kamau took Dimitri through correspondence dating back to 1919 regarding the ownership of the land and how MIL, which was registered in April 18 1978, ended up being the owner of the land.
“Was MIL registered a year after the sale agreement was negotiated on December 16, 1977?” Mr Kamau asked Dimitri.
In response, Dimitri said, “The correspondence I am shown states so.”
Da Gama Rose had asked the bank to release the land since the Sh1.25 million agreed in December 16, 1977 had been paid in full.
Lawyers Miller and Wena protested Dimitri being asked questions relating to correspondence he was not privy to since he joined the case recently - after the demise of his father, Horatius.
But lawyers Arusei, Kiteng’e and Kamau, for the widow, said the witness should answer questions as he has inherited the case.
The case was adjourned to November 9.
