German woman lays claim to disputed Sh183 million property in Kilifi

A German woman has laid claim to a disputed Sh183 million property in Kikambala, Kilifi County.

Several groups have been fighting over the ownership of the land.

Last week, two groups, one linked to German Monika Herta Elfriede Behrmann and another one to Caroline Mwelu Mwandiku, physically fought on the property.

This was after one of the groups allegedly forced its way into the property with the intention of taking it over.

Officers from Kijipwa Police Station arrived shortly afterwards and separated the groups. Ms Mwandiku's family and workers were later allowed to remain on the land.

Last year, a court ruled that Mwandiku had fraudulently acquired the title to the property and handed the land back to Ms Behrmann.

Rival groups

It was the third time, in a week, the rival groups were clashing over the property. The groups fought on January 13 and again two days later.

Behrmann, who came out for the first time on Saturday, said she bought the land in 1994 from Mubia Holdings Limited at 20,000 Deutsche mark (Sh2 million).

She says she later sold the land to Mwandiku for Sh23 million. However, the buyer flouted the terms of the sale and only paid Sh2 million in scattered instalments. Behrmann says this prompted her to seek court redress.

“I first came to Kenya in December 1991 and I loved the country. That is why I bought the land and built a seven-bedroom house on it,” said Behrmann from Bremen, Germany.

Court documents seen by The Standard and confirmed from the Kenya Law Reports show that Behrmann sold the land to a woman called Caroline Mwelu Mwandiku.

The documents show that on January 23, 2014, Tonny Kamande and Patrick Kuria Mwangi, with a new company that had the same name but different directors, acquired a title for the land.

Land Court

On April 11, 2017, the Environment and Land Court in Mombasa ruled that the action by Kamande and Mwangi was fraudulent and quashed it.

“It is the plaintiffs’ contention that on January 23, 2014, one Caroline Mwelu, through proxies Tonny Kamande and Patrick Kuria Mwangi, incorporated a new company with the same name as Mubia Holdings Limited and thereafter fraudulently obtained a provisional title over the suit property,” court documents say.

Justice C Yano's judgement states that Behrmann lodged a complaint with the National Land Commission. Its verdict was that the land belongs to her.

“The defendant (Caroline) was served with summons to appear but failed to do so. The interlocutory judgement was entered against the defendant in default of appearance on May 16, 2016,” states the documents also available on the Kenya Law Reform website.

Justice Yano said the land belonged to Behrmann and cancelled registration of Mubia Holdings Limited as owners of the 3.5-acre land number 533 section III mainland north, CR number 14272.

On April 20, 2017, Behrmann was issued with a provisional certificate of title by the Registrar of Titles. It was signed by a Mr SK Mwangi.

“I am persuaded the defendant fraudulently obtained the provisional certificate of title. As I have stated above, the suit was not defended and the court has powers under Section 80 of the Land Registration Act to order ratification of a register by directing that the registration be cancelled or amended,” the judge said.

According to the sale agreement between Behrmann and Mwandiku dated August 21, 2013, the latter was to pay Sh23 million to Behrmann within nine months. Mwandika failed to pay the money.

“I trusted Caroline because she was married to a German and she spoke fluent German. But after she tried to defraud me and failed to honour the agreement, I decided that I should get my land back,” said Behrmann.

Forgery claims

Mwandika's lawyer Benjamin Musyoki disputed the forgery claims. But Behrmann and her husband, Joseph Lenguris, maintained that Mwandika forged the title.

Last week, Lenguris led a group of youths, who forced their way into the property in a fresh confrontation.