An official at the Ministry of Land has told court that the disputed Sh 1.5 billion land in Embakasi belongs to Deputy President Rigathi Gachagua’s firm, Wamunyoro Investment Limited.
Senior Assistant Land Registrar Nyandoro David Nyambaso said in his affidavit that the title for the said land was already in existence for Wamunyoro Investment and the same had not been legally revoked or cancelled.
Nyambaso told the Environment and Lands Court that the title held by Columbus Two Thousand Limited was irregularly issued.
Columbus is run by the Director of physical planning at the Ministry of Land John Michael Ohas.
“Under the circumstances, the title held by Columbus Two Thousand limited ought to be cancelled unless the court declares otherwise,” Nyambaso told the court.
The Director of survey at the Ministry Wilfred Muchae also told the court that an examination of the application for a certified copy of the deed plan revealed that there were some anomalies which may not have been detected by the Director of surveys at the time of processing the application for the certified copy of deed plan.
Some of the anomalies are that the application for a certified copy of the deed plan in respect of land No. 209/12077 ought to have been made by Columbus on its official letterhead through its authorised directors as Columbus was the allottee of the subject property. Therefore, the application on behalf of M/S Michael Ohas was not in order.
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In addition, Muchae noted that the application was to be made by Columbus through its authorised directors and attached company board resolution.
“No company board resolution of Columbus Two Thousand was attached to the application for the certified copy of the subject deed plan authorising any of its directors to make the application for certified copy of the subject deed plan,” Muchae told the court.
The court further heard that none of the attached copies of the supporting documents by M/S Gordon Wayumba were certified by an advocate of the High Court nor by an authorised individual of the concerned institution where the document originates.
He added that no passport size-photo of the persons making the application for the certified copy of the subject deed plan were provided to the director of survey for the record.
“In the circumstances of the discovery of the above anomalies, the application for a certified true copy of the deed plan No. 192966 by Gordon Wayumba should have been declined by the director of survey as the application was defective,”
In the case, Deputy President Gachagua’s firm, Wamunyoro Investment Limited claims to be the lawful owner of the said land.
Ohas is accused of using his position at the Ministry of Lands to tamper with the ownership of the said land.
