The High Court has nullified a land title held by Kisii County Assembly Speaker Phillip Machuki Nyanumba, handing the property to retired teacher John Nyaanga in a ruling celebrated as a significant victory for justice and integrity in land ownership.
In a damning judgment, the court declared that the title deed produced by Nyanumba was riddled with irregularities and fraud, and could not be traced to any authentic land records.
The court further questioned the legitimacy of the document after discovering that the official who supposedly signed it—one Mr. Gacanja—was not a Land Registrar at the time the title was allegedly issued.
Justice ruled that the land in question, listed as parcel LR No. KISII MUNICIPALITY/BLOCK 1/492, was under the custody of the National Housing Corporation (NHC), and that a formal title was already in the process of being granted to Nyaanga.
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Nyaanga had occupied the land since 1977, having been allocated the plot by the now-defunct Kisii Town Council under the NHC framework.
The judgment not only declared Nyaanga the rightful owner of the contested land but also ordered Nyanumba to vacate the premises within 30 days.
Any structures erected by the Speaker are to be removed or demolished.
In a move that may have wider implications, the court issued a permanent injunction stopping Nyanumba from collecting rent from the property and directed the Deputy Registrar to inform ABSA Bank that the land cannot be used as collateral, owing to the title’s invalidity.
Legal costs were also awarded to Nyaanga.
The dispute dates back to 2014 when Nyanumba filed a case seeking to bar Nyaanga from accessing the property and demanded damages for trespass.
However, Nyaanga, represented by lawyer Omaiyo Mogaka, maintained that he had lived on the land peacefully for decades before being forcibly evicted.
In court, he testified that he had originally paid Kshs. 760 for the plot, although he could no longer trace the receipt. Still, he insisted the process could not have proceeded without that payment.
He accused the Speaker of forcefully taking over the property, destroying perimeter fences, and building on the land despite lacking a valid title. The court agreed, pointing to glaring irregularities and backing Nyaanga’s long-standing claim.