By Special Correspondent
A former police commissioner has been drawn into a bitter fight over the ownership and control of a prime land with an estimated value of nearly Ksh.13 billion.
Papers filed in the Environment and Land Court at Thika accuse Bernard Njinu Kiarie who was a powerful police chief from 1982 to 1988 under President Moi of fraudulently selling the 402-acre land in Ruiru, Kiambu County.
In the case filed by Mary Njoki Thuku who is laying a joint claim to the land at the centre of the dispute with Mr Njinu and four others through a company called New Pilion Estates Limited, the plaintiff accuses the former police boss of selling the parcel behind his co-directors’ back.
Mr. Njinu sold the land to the National Cooperative Housing Union Limited (NACHU) in what Mrs Thuku, through her lawyer Mr Kaingati Kamonjo, describes as ‘an epic fraud.’
In the matter that has been certified ‘urgent’, Ms Thuku further claims NACHU, which has been enjoined as a defendant in the suit, is illegally sub-dividing and selling below-market prices to unsuspecting clients the land it has since rebranded to Riverline Ridges.
She wants the court to order NACHU to stop advertising, marketing and selling the Riverline Ridges development on New Pillion land and to award the property in equal portions to its six shareholders.
‘The 4th Defendant (NACHU) is trying to evade the cause of justice by aggressively disposing off the property by selling a plot measuring 50 by 100 at Ksh1.195M which is a throw away price considering the current market value of that area is nothing short of Ksh4.M,’ the suit states.
Also listed as co-defendant in the suit is Tropical Farm Management Limited a Switzerland-based agricultural company that used to manage New Pillion’s coffee harvest. Potentially, the case could affect many buyers lured into investing within the fastest growing suburban in Kenya according to the latest national census figures.
Besides the controversy around the real ownership, contested sale and the sub-divisions of the land, Ms Thuku also claims Mr Njinu has been economical with the truth and has failed to disclose the extent of New Pillion debts to the land buyers.
Documents she has filed in court indicate New Pillion owes the Cooperative Bank and Tropical Farm Management Limited Ksh14M and 13M respectively in unsettled debts. If the land was used as security for an unpaid loan, Co-operative Bank is likely to lay claim to owning the land.
According to Ms Thuku, Mr Njinu secretly sold New Pillion’s land to NACHU for Kshs2.81billion, an act she claims amounts to “disinheriting all other shareholders” and says attempts to resolve the matter out of court have been unsuccessful.
It is unclear whether NACHU knew of New Pillion’s shareholder dispute and debt when it purchased the land in an agreement signed on 30 March 2021 by NACHU Chairman Francis Kamande Kamau and board members Louisa Wairimu Wanyoike and Mary Wairimu Mathenge.
The sale agreement, a copy of which was submitted as part of Mrs Thuku’s case filings, does not acknowledge New Pillion’s debts to Co-operative Bank and Tropical Farm Management Company Limited
NACHU’s agreement is subject to New Pillion providing documentation on land ownership. According to the agreement, NACHU’s full purchase of the land is not expected until 31 July 2021, which would imply it is selling Riverline Ridges development before it has assumed full ownership of the property.
View Comments
nothing like Justice in Kenya's electoral body.this greediest must vacate the office
Your Comment : I have now believed that we do not have an independent electoral and boundaries commission , instead we have a congregation of greedy individuals out to misuse Kenyans and bring chaos to our country. #Remove them. #clean the top leadership.
Congratulations to Governor Mutua,you really deserve to lead in the best performing governors,,, those ranked last should be dealt with accordingly for misappropriating public funds
Raila was the hunter now the hunted... how do trust a hyena like Uhuru.. You both greedy... you dug your grave lie in it... What handshake.. Crap...
Babu aje zake,handshake is for all Kenyans, and Kibra believe in handshake, there4, Uhuru And Raila should have different candidates and whoever Will go through Will be thé product of handshake
Babu waja ukoloni bwana, there's no direct ticket
Hehehe, supporting somebody was not an agreement in the handshake my friends!! Remember Raila caused many to die during the era of maandamano hence Uhuru devised a method how to tame this power hungry man!! Mariga must win
Your Raila and uhuru come from different political party,. Everyone is free to handle his party issues and i salute the president for supporting mariga being the jubilee candidate. Raila is also supporting the odm candidate and no one is against that. Some people are taking handshake as political party while it's not. Please mr mp style up.
Babu wacha kiherehere or baba will tie u the same tree kidero and obado were rope tied when the latters looked threatening the leadership of baba in nyanza
wacha kiherehere babu