Since 1902

Court hears of two deeds for same Nakuru land in succession case

THE STANDARD
May 12th 2022

Pinkam House in Nakuru town is one of the properties at the centre of a succession dispute. [Harun Wathari, standard]

A court has been told of two title deeds of a prime property belonging to the late Philip Kamau and his wife Alice Kahaki in a succession case.

Testifying at the High Court in Nakuru, Elizabeth Wanjiku, claimed that Kamau and Kahaki’s daughter allegedly forged documents of prime plots she is occupying in London Estate in Nakuru town.

The plot was registered under Philip Kamau’s name and he was issued a deed on December 20, 1991.

Wanjiku, the administrator of her mother’s estate, is fighting her stepmothers Teresia Njeri, Lucy Wanjiru, Margaret Damat and Winnie Waithera over the control of her inheritance.

She claimed her mother owned 95 per cent of all their properties, but her father, who only owned five per cent, registered all properties under his name.

She claimed Kamau transferred all her mother’s properties to his other wives.

Testifying before Justice Teresia Matheka, Wanjiku said she discovered in Njeri’s documents an attached title deed that was registered under her (Wanjiku) father’s name.

“I wondered how Njeri could have obtained the title deed although my siblings and I had put caution on all properties four years before, in order to fight for our mother’s rights,” testified Wanjiku.

Wanjiku said that although they put caution on January 30, 2009, while the deed was in her father’s name, Njeri still obtained another title deed on March 3, 2009.

The court heard that Wanjiku and her siblings did a search on the property on June 19, 2013, but discovered the property was still under their father’s name.

“I have a copy of the search we did and I wonder how the same property can be registered under different names and have two title deed. I believe Njeri forged hers,” she testified.

Njeri was allegedly issued with the deeds on March 3, 2009.

Wanjiku said she has lined up a Lands Registrar to go and verify to the court which between the two deeds is genuine.

Kamau died on May 1, 2012, while Kahaki died on August 25, 1983.

Wanjiku moved to court in 2016 in a bid to have her mother's property separated from her father’s.

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