Ad

High Court orders Kabogo to pay sh100M for illegal acquisition of 5.2 acre land in Westlands

Former Kiambu County Governor William Kabogo has been ordered to pay sh100 million fine by the High Court for illegal acquisition of land in Westlands.

Kabogo was also ordered to vacate the land estimated to be worth sh3.5 billion.

Justice Elijah Obaga said the 5.2 acre piece of land located along Mvuli road legally belongs to Nayan Patel.

Terming Kabogo a trespasser, the judge ruled that the sh100 million fine slapped on the former Kiambu County boss was to pay Patel for damages and the cost he has incurred for failing to develop his property since it was invaded.

“From the evidence adduced herein and the documents produced in this case, it is clear that the title by the first defendant (Nairobi County Government), which was subsequently transferred to the fifth defendant (Caroget Investment Ltd) was obtained illegally, unprocedurally and through corrupt scheme,” said the Judge in his ruling according to Daily Nation.

Kabogo in his defense testified before the court that he acquired the land in 2007 as the Director of Caroget Investments Ltd.

He told the court he paid sh8 million for stamp duty to defunct Nairobi City council.

He proceeded to claim ownership of the land and also evicted workers.

Efforts by Patel to have Kabogo and his company leave his land have been futile until the High Court ruling.

The judge further said the land has been in private ownership since 1946 therefore, was not under the city council purview for allocation.

“The suit property’s history is that it had been in private ownership since 1946. It ceased to be government land and was therefore not available for alienation by the Commissioner of Land,” said Justice Obaga.

Before the invasion, Patel had planned to build a residential hotel and an apartment on the property.

 

 

 

Comments

comments