The environment and Land Court has dismissed a petition challenging former Nairobi Governor Mike Sonko’s ownership of a multi-billion piece of land in Upperhill, Nairobi.
Justice Oguttu Mboya dismissed the case by Rajkosmag Company Limited who was claiming ownership of the said land.
The land which is registered under Sonko’s company Primix Enterprises Limited, has been hosting the Sonko Rescue Team since 2017.
The plaintiff (Rajkosmag) claimed that it acquired the land in 2003 from is previous owner, Kenya Railways Corporation (KRC), though the company never furnished the court with evidence to support the claim.
Justice Mboya noted that Rajkosmag Company Ltd never tendered a consent of the board of directors of Kenya Railways Corporation nor the approval of the Minister.
“In the absence of the consent of the board of directors of the 1st defendant and in the absence of the requisite approval of the minister and National Treasury, it then means that the impugned sale agreement/contract being relied upon by the plaintiff herein was illegal, unlawful and void for all intents and purposes,” the judge ruled.
It was the judge’s finding that the plaintiff had failed to discharge the burden of proof in accordance with the provisions of Section 107, 108 and 109 of the Evidence of Act, Chapter 80 Laws of Kenya.
“Flowing from the discussion, there is no gainsaying that the plaintiff herein has not proved his claims to the requisite standard,” Justice Mboya added.
The Plaintiff’s case
In the case, Rajkosmag Ltd told the court that it entered into a sale agreement with KRC on 7th February 2003.
According to the plaintiff, the 1st Defendant (KRC) advertised the sale of the suit property, namely L.R No. 209/6507 in the daily newspapers and thereafter the plaintiff expressed an interest in purchasing/acquiring the suit property.
The court heard that upon the issuance of the letter of offer, the plaintiff proceeded to and executed the same and hence confirmed her acceptance of the offer to purchase the suit property.
However, Rajkosmag contended that despite entering into the sale agreement under reference, the 1st Defendant failed to perfect the transfer and registration of the suit property in its favour.
“In this regard, it has been contended that the actions by and on behalf of the 1st Defendant constitutes breach of contract,” the judge noted.
Sonko’s testimony
On the other hand, it was Sonko’s testimony that Kenya Railways Corporation Staff Retirement Benefits advertised tender for the sale of the suit property and Primix Enterprises Limited tendered to purchase the suit property.
According to his witness statements, Primix was a highest bidder and only purchased a portion of the suit property.
He added that Primix is in the process of concluding the sale transaction in respect of the designated portion of the suit property.
According to the former Governor, his company was issued with a notification of award and thereafter, generated a letter of acceptance.
Sonko told the court that Rajkosmag has no stake in the suit property.
“In any event, the witness added that the plaintiff’s claim to the suit property is a big joke. Furthermore, the witness averred that the plaintiff’s claim to the suit property is founded on fraudulent documents,” Justice Mboya said.
