UDA top official, bank sued in Sh32.5 million land saga

Wooden Gavel. [Courtesy/GettyImages] A private developer has moved to court to stop UDA's Director of Legal Affairs and Compliance Emmanuel Kibet, from utilising a 17.2-acre land in Kericho County, purchased in February 2025. Kennedy Kimutai, through his Lawyer Kipkoech Ngetich, has sued Kibet, Kanuli Information Technology Solutions (KITS), Faulu Micro Finance Bank, Antique Auctions, and Robert Kanuli. Kimutai accused the five of colluding to defraud and annihilate him unconstitutionally. He has sued them before Judge Lynette Omollo over the land he used to own. He wants the judge to temporarily restrain Kibet and other defendants from selling, charging, mortgaging, leasing, or transferring the property until his case is heard and determined. "The court should direct the Land Registrar to temporarily stop further dealings and registrations relating to the subject land until the case is determined," submitted Kimutai. Kimutai submitted that he was the registered proprietor of the subject land until November 2015. He deposed that KITS applied for and was offered a loan of Sh11.2 million to finance its business operations. On November 10, 2015, Kimutai stated that Kanuli approached him on KITS' behalf and, upon his request, Kimutai agreed to guarantee part of the loan to the extent of Sh5.6 million. "I offered the land as security by way of a legal charge in favour of Faulu Bank," he deposed. Kimutai attached a Guarantee and Indemnity form executed by the guarantor, indicating that his liability was limited to the principal sum of Sh5.6 million. However, despite the same, he stated that Faulu wrongfully and unlawfully treated his limited charge as security for the entire loan KITS had, which stood at Sh32.99 million. "The bank issued a redemption Notice demanding the Sh32.99 million from me, in blatant disregard of my rights," he deposed. He added that Faulu went ahead and sold his charged property at a gross undervalue of Sh13 million, against its Sh32.5 million market worth, without any refund or reconciliation of the guaranteed sum. According to Kimutai, the land was auctioned to Kibet on February 27, 2025, by Antique auctioneers, but the same was below a valuation by Prime land Appraisal Limited Valuers and Property Consultants, done in August 2025. He adds that the bank did not remit any balance of the sale proceeds after application of the secured sum. "There is no evidence that the bank has properly accounted for the sale proceeds," he alleged. He further stated that he is adamant that the sale and transfer were unlawful, irregular and void. Kimutai now claims that Kibet, who bought the land, was likely to alienate the land or otherwise deal with the property to his detriment unless urgently restrained. "I will be exposed to irreparable loss that cannot be adequately compensated by damages," he submitted. He added that he faced the risk of multiplicity of dealings and possible confusion to the point that his remedies sought may be rendered as petty. He pointed out that the balance of convenience lay in favour of preserving the status quo of the land, pending the determination of the case. The defendants have 14 days to reply. The case will be heard on November 12.

UDA top official, bank sued in Sh32.5 million land saga

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