Judge withdraws from Sh2.4 billion Koinange land case

The late powerful politician Peter Mbiyu Koinange. [File, Standard]

A Court of Appeal Judge has withdrawn from a Sh2.4 billion property dispute pitting former Cabinet Minister Mbiyu Koinange’s daughter against a private company.

Lennah Catherine Koinange moved to the Court of Appeal after the Environment and Lands Court quashed a recommendation by the Directorate of Criminal of Investigations (DCI) to revoke the title deed for 4.8-acre piece of land in Lavington, Nairobi, held by Nairobi House Limited. 

Justice Gatembu Kairu, Pauline Nyamweya and Weldon Korir were set to hear the case. However, Justice Kairu withdrew from the case, which will now be rescheduled before a new bench.

In the case, Lennah’s lawyer Ochieng Oduol argued that the investigations and subsequent recommendation has a bearing on the case. He said that Justice Oscar Angote erred by failing to find that there were crucial evidence in her case against the company.

He also said that Justice Angote failed to consider that the investigations were sanctioned by Justice George Odunga (now a Court of Appeal judge).

The senior lawyer urged the court to halt the determination of the land case until the appeal is heard and determined.

“The present application is a clear attempt to waste judicial time and obstruct the expeditious determination of ELC Case No. 434 of 2017 in view of the evidence adduced so far. If allowed, it would occasion great prejudice to the first respondent, as it is a calculated strategy to delay the course of justice and deny the first respondent its constitutional right to a fair and timely hearing, contrary to the principles of judicial efficiency and access to justice,” argued Oduol.

On the other hand, the firm argued that the application before the Court of Appeal was a waste of court’s time. Lawyer Phillip Nyachoti said that the documents Koinange wanted to rely on were just but part of too many others which would be relied upon to determine who is the legitimate owner.

The case also involved Diamond Trust Bank, DCI, Ministry of Land Principal Secretary.

At the centre of the dispute are two different title deeds held by Koinange and Nairobi House Ltd, both claiming ownership of the prime land.

Whereas Koinange claims that her title is registered as 209/7577 with deed plan number 91752 for 4.8 acres, the company claims its title is registered as 6863/75 under deed plan number 91751 for 7.7 acres for the same piece of land.

The company argued that they have a valid title with a 999-year lease from 1910 and that it owned the land until 2016 when Koinange allegedly invaded it and put up a perimeter wall.

But Koinange says her father gave her the land before his death in 1981, and it wasn’t until 1990 when she registered it in her name and was issued with the title.