Karen land suspect ordered to refund MP Sh10 million

National Assembly Health Committee Chairperson Rachael Nyamai. A suspect in the controversial transfer of the 134 acres in Karen has been ordered to refund Sh10 million he received from the MP for part of the property. (PHOTO: BONIFACE OKENDO/ STANDARD)

A suspect in the controversial transfer of the 134 acres in Karen has been ordered to refund Sh10 million he received from an MP for part of the property.

Milimani Commercial Court Principal Magistrate David Mburu ordered James Mbaluka to refund the money plus an interest of Sh2 million to Kitui South MP Rachael Nyamai.

He said the MP's application for the refund was satisfactory. "The application was proved beyond any doubt through the witnesses' statements and the contract of sale agreement. I find that the money was paid but the defendant did not honour his part of the sale agreement," ruled Mr Mburu.

Mr Mbaluka allegedly received the money from Ms Nyamai in July 2014, in the pretext that he could help her acquire a piece of the disputed land.

According to the MP, she wanted to purchase land in Nairobi in 2014 and in the process of searching she met Mbaluka who promised to help her get land in Karen.

"He informed me that he was the appointed agent of one Joseph Kamuya Maitha who at the time was the registered owner of the land, and who happened to be interested in disposing off the same piece," said Nyamai.

The MP submitted before court that the two had several meetings thereafter, and that Mbaluka even gave her the land's title to verify after the site visit.

Satisfied that the title was genuine and the land unoccupied, the MP said they entered into an agreement to purchase the land at Sh30 million through three installments.

"Under the agreement, I was to transfer the money to Mbaluka on behalf of the person he said was the original owner. I was to pay Sh10 million deposit, and the balance after all other documents were transferred to me," swore Nyamai.

On June 25, 2014, Nyamai said they had the sale agreement signed before a lawyer and immediately thereafter, she called her husband, Titus Mavui Ngumu, to transfer the Sh10 million deposit to Mbaluka's account.

As soon as the deposit was made, Nyamai claimed that Mbaluka changed his attitude and started avoiding her.

Mbaluka is among the suspects accused of conspiracy to transfer the Karen land between 2005 and 2014.