Former Governor Kidero loses land illegally sold to him in Kisumu

Former Nairobi Governor Evans Kidero has lost a property in Kisumu after High Court found that two men who sold it to him acquired it illegally.

Environment and lands Court Judge Stephen Kibunja in his decision ruled that Kidero would not enjoy the land valued at Sh 12 million as two proprietors who sold it to him were not the registered owners.

Equally, accuser Peter Omolo was dispossessed as it had not been transferred from the names of the original owner who is dead, one Okeyo Nyakwaga to his grandson Peter Angira who was selling it.

Justice Kibunja however allowed the two to pursue the sellers for a refund of their money.

“In view of the fact that the two named vendors, who allegedly sold and transferred the land parcel Kisumu/Korando/4457 to the defendant ( Kidero), were not the registered proprietors of the said land, then they had no capacity to transfer the land to the defendant,” Justice Kibunja ruled.

He added: “That while pw2 ( Angira) also did not have capacity to enter into the sale agreement with the plaintiff( Omolo)over a portion ofKisumu/Korando/4457, which he claimed belonged to his late grandfather. That the plaintiff and defendant may thereafter pursue their claims against those who sold to them the suit land or portions thereof in accordance with the law.”

Omolo moved to court lamenting that he had bought a portion of the land from but to his shock it then changed hands sometime in 2010 when he was confined in a hospital bed from an accident.

He told the court that he had bought it from Nyagwaka in 2005 at a cost of Sh 45,000 and planted trees.

He testified that upon making enquiries, he found out that Angira had sold the remaining portion of the land to one Kimwa Murithi, who later sold it to Kidero who in turn took up the whole land.

In reply the former Governor testified he is a stranger to the contract between the Omolo and Angira.

According to Kidero, he bought the land in 2008, totaling to 12 parcels from Miriti Mbui and one Antony Miriti for Sh 12,000,000 after obtaining their consent.

He added that his lawyers processed the titles into his name after conducting searches at the land registry and confirming that the titles were free.

The judge found that the land a copy of green cards produced in court did not bear the names of Mbui and Miriti and instead showed that the land was jointly owned by the deceased and another person who was not before the court named as George Midika.

He also noted that although Kidero stated that he left his advocate to complete the transactions, he did not attend the land control board for consent to transfer. According to the judge, the former Governor did not produce copies of the consent and transfer form to show that the land legally changed hands.

Justice Kibunja ordered Lands registrar to revoke the title deed held by Kidero and revert it to its original owners.

“A declaration is hereby issued that the defendant ( Kidero)acquired registration as proprietor of land parcel Kisumu/Korando/4457 unprocedurally, irregularly and illegally. That the Land Registrar is hereby ordered to on receipt of a copy of this order, cancel and or revoke the title held by the defendant over land,” the judge decre