Administrators of the estate of former spy chief James
Kanyotu have warned buyers against purchasing land belonging to the Kangaita
Coffee Estate Limited in Ruiru.
In a caveat through AM Wahome & Company Advocates, the
administrators cautioned that the land parcel LR No 11261/76, registered under
Kangaita Coffee Estate Limited, is the subject of ongoing litigation in the
High Court Succession Cause No 1239 of 2008.
The late Kanyotu, who was a director of Kangaita Coffee
Estate Limited, held 4,995 out of 5,000 shares in the company, effectively
controlling 99.9 per cent of the estate.
The administrators of the estate—valued at over Sh10
billion—revealed that despite court orders, some individuals are purporting to
sell the property to unsuspecting members of the public.
“Any transactions carried out in disregard of these orders
would be void ab initio and of no legal effect,” the administrators said.
They asked potential buyers and interested parties to
exercise caution and verify ownership details to avoid falling victim to
fraudulent schemes.
The property in question remains tied up in succession
proceedings, pending determination by the High Court.
In July, the Environment and Land Court ruled that the
500-acre property remains part of Kangaita Coffee Estate Limited, where Kanyotu
was the majority shareholder, bringing to an end a long-running dispute
involving multiple companies and alleged transactions.
Delivering his judgment on July 10, Justice Oguttu Mboya
ruled that the sale of the land was illegal, null and void.
The court found that previous orders issued in 2010 in a
succession case relating to Kanyotu’s estate had expressly prohibited any
dealings with the land, making any subsequent transactions unlawful.
The court heard that, despite these restrictions, Kangaita
Coffee Estate’s land was purportedly sold to Trendsetters Investments Limited
for Sh700 million and later to Marriott Africa International Limited for Sh750
million.
Marriott later transferred the land to Ukombozi Holdings
Limited.
In his testimony, Marriott’s director, Abdul Hassan, told
the court that the company purchased the land for Sh750 million and paid Sh15
million in stamp duty.
“While still under cross-examination, the witness testified
that the suit property was sold for the sum of Sh750,000,000 only. Furthermore,
the witness testified that the plaintiff bought the entire suit property and
not a portion thereof,” the judgment read.
The director also stated that Marriott’s majority
shareholder was Ukrainian and denied any links to other parties mentioned in
the proceedings.
However, the court heard that Marriott and Trendsetters
shared the same business address, raising questions about the close
relationship between the firms.
Margaret Nyakinyua, one of Kanyotu’s widows and a director
of Kangaita Coffee Estate Limited, testified that she had not been consulted on
the sale of the land.
Nyakinyua told the court she was unaware of the transactions
until long after they occurred. She stated that no proceeds from the alleged
sale were ever received by the company or the beneficiaries of Kanyotu’s
estate.
Nyakinyua further claimed she was approached with an offer
of Sh50 million to withdraw the case.
She, however, declined the offer, insisting the land
belonged to Kangaita Coffee Estate and remained part of her late husband’s
estate.
Another family member, Willy Kanyotu, also testified that
Ukombozi Holdings had been selling portions of the land despite the existing
court orders barring such transactions.
Two forensic document examiners, Chief Inspector Bernard
Cheruiyot and Vincent Chelongo, testified that some of the land control board
consents presented to facilitate the transfers were forged.
Justice Oguttu ruled that Marriott could not claim a clean
title because Trendsetters, from whom it acquired the land, held no valid title
due to the caveats and existing court orders.
