The Environment and Land Court in Thika has stopped subdivision of New Pillion Estate Limited.
“That status quo order herein be and is hereby maintained in that the suit property should be preserved with no further selling, alienating, subdividing, or interfering with the suit property LR.No.11295 Ruiru comprising of 428 acres and the parties should go directly to canvassing the Originating Summons dated 22′ April 2021 so that the issue in dispute can be dealt once and for all”, Judge Lucy Gacheru ordered.
The estate is among those listed by the National Co-operative Housing Union (NACHU) Limited.
Former Police Commissioner Bernard Njiinu is alleged to have illegally transferred the land to NACHU and is at the centre of sub-dividing it even without paying for it.
According to court documents, the Parcel L.R No. 11295 (original No. 119/2, 4586 and 48930), is owned by New Pillion Estates Limited, whose shareholders include the late Peter Gicheru, late James Kamau Thiongo and John Kiereini Kireka.
New Pillion Estates Limited had entered an agreement to sell the land to NACHU for Ksh2,814,000,00 or Ksh7 million per acre on March 30, 2021.
The sale agreement stipulates that NACHU was to pay 30 per cent upon carrying out a successful search at the registrar of companies, receiving audited copies of accounts for 2020 and actual returns and carrying out a search at the land registry.
Also, 10 percent was to be paid on or before May 7, 30 percent by June 30 and the balance of 30 per cent by July 31, 2021.
However, before the amount was paid, the land had been transferred to NACHU and Kiambu County government gave a permit for subdivision of the land.
Before members of the shareholders of New Pillion Estates Limited knew of the development, NACHU was already offering plots for sale to members of the public.
This prompted Mary Njoki Thuku, the widow of Stephen Thuku Mungara, to file a case at the Environment and Land Court in Thika. In the case, Ms Njoki wants NACHU barred from continuing with the sale until the case is heard and determined.
Worse still, the title deed for the disputed land is charged at the Co-operative Bank meaning that NACHU is offering for sale land that it does not have a title for.
NACHU has in its response filed in court acknowledged the encumbrances but denied any wrong doing or fraud on its part saying the sacco resolved to open an escrow account to deposit the money while waiting for the hindrances to be cleared.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org