Kenya’s former Vice President Moody Awori has lost a protracted court battle with the government over ownership of a multi-million shilling Kisumu residence.
Awori is accused of fraudulently acquiring the residence according to the Attorney General.
On Thursday, Justice Stephen Kibunja of the Environment and Land Division of the High Court ruled that the former VP has no right to hold ownership to the property under dispute.
The Judge said Awori has failed to adduce evidence before the court to prove that he is indeed the rightful owner of the property.
“There is no evidence to show that the house on the suit property went through the laid-down procedure for boarding and approval before he acquired the title,” said the Judge.
Awori in his argument had told the court that he acquired a valid title after acquiring a lease from the government that was to last for 99 years as from July 1, 1998.
He claimed to have paid sh447, 732 to get allotment documents and later got a certificate of lease.
“On completion of payments, I was issued with a certificate of lease under Lands Act Chapter 300 of the laws of Kenya (Repealed),” stated the former Funyula MP.
In 2012, the government through the Ministry of Housing wrote to him requesting copies of his title deed for the house for verification and audit but he reportedly did not send them as requested.
He moved to court seeking an injunction order to bar the Ministry from interfering with the property under dispute.
However, during court hearings, The AG said Awori failed to comply with government’s request to produce ownership.
The Judge in his final riling said that though he [Awori] had paid over sh400, 000 for the piece of property; the money was not for the purchase of the house but a premium.
“To hold otherwise would mean that nothing was charged and paid for the item ‘stand premium’ under the said letter of allotment.”
The Judge further declined to award the former VP sh2 million which he had sought claiming that it will be compensation since his rights have been violated.