'Paradise Lost' owners sue ministry, three firms

The family that owns the expansive 20 billion land in Runda has moved to the Environment and Lands Court, accusing the Lands Ministry of conniving with alleged land grabbers to issue fictitious titles illegally.

In a saga that now draws the President’s name, the family, through their company Ndunde Investments Limited, accuses the ministry of illegally allowing double allocations while knowing that they own the property.

Ndunde Investments was founded by billionaire Mbugua Mwangi. The company, established in 1986, held properties including Paradise Lost, Misarara Coffee Estate and Suguror Ranch.

Following his death and that of his wife Christine Mithiri, his wealth was passed to his children: Daniel Mwangi, Gladys Wangare, Isaac Gichia, Joseph Mbai, Catherine Wanjiru, and Elizabeth Wanjiku.

Nevertheless, Ndunde has sued Pamat Enterprises Ltd, Wiyan Properties Limited, Gianni Ltd, the Lands Registrar Nairobi, the Director of Surveys, Attorney General, Daniel Gichinga Kahoro and the County government of Kiambu.

The company’s lawyer, Kevin Mogeni, told Justice Jane Muyoti Onyango that his client decided to change the user from agricultural to residential and amalgamate two parcels of land, which was allegedly sanctioned by the Ministry. This was between 2013 and 2016.

He said that no new titles were issued.

According to him, a new title  was illegally created as LR No 13316, which covered three of their properties, with a survey plan number 121,558.

He stated that the grant was allegedly issued by the Head of State to Gianni, who subsequently allegedly transferred it to Gichinga, who also transferred it to Pamat and Wiyan. The lawyer said that it was Pamat who allegedly procured the contested title. “ Unknown to the plaintiff, the defendants, in a well-orchestrated fraud, purported to have a new title created as LR No 13,316 (original 5970/8, 12825/6/1, 12825/6/2) with survey plan number 121558 and purported to have a grant issued by the President,” argued Mogeni.

 According to court documents, Pamat has Isaya Begi Gesicho as a director, and the shareholders are Black Scorpion International Services Ltd, Icpher Consultant Ltd and Dawn Innovations Ltd.

On the other hand, Gianni is owned by Paul Nganga Nyaga, Miriam Wagechi Kirongo, and Wilfred Murithi Kinyua.

The lawyer said that a search conducted at the Business Registration Services indicates that the records of Pamat, Wiyan and Gianni had allegedly been interfered with, to create new owners.

He further said that Pamat was registered on March 6, 1984, while Gianni was registered on April 9, 1963.

According to him, Gianni was owned by Virginio Bernasconi and Ina Piatinni when it was registered. It then shifted Zacheria Kimemia, Samuel Kibathi and Samuel Mwangi.

The lawyer stated that Pamat then applied to the Kiambu County to subdivide the land, into 281 sub plots and transferred the properties to Wiyan and Gianni.

“ The fraudulent actions of the 1st (Pamat), 2nd (Wiyan) 3rd( Gianni), and 7th defendants (Gichinga) were undertaken with the collusion, complicity, and or negligence of the 4th (land registrar), 5th (director surveys) and 8th (Kiambu county) defendants,” said Mogeni.

In his supporting affidavit, Gichia stated that Ndunde wanted to have L.R. Nos. 7042, 5974/1, 5972/2 and 5971 amalgamated into two parcels. They then commissioned a survey for subdivision into quarter-acre plots but did not complete ground demarcation or issuance of new titles.

He argued that the county and the land officials failed to verify ownership and manipulated land records, which allegedly paved the way for double allocation.

Gichia also stated that last month, Pamat, with alleged goons, unlawfully entered the property and attempted to put beacons.

He urged the court to order that they be barred from transacting, selling off, entering and charging the property. At the same time, he urged the court to find that  Ndunde had been denied property rights.

“The said acts amount to trespass, intimidation, and unlawful interference with the plaintiff’s quiet possession and the plaintiff will suffer irreparable loss unless the Defendants are stopped by an order of injunction. The plaintiff has suffered loss, damage, and disruption of its proprietary rights,” said Gichia.

 The family had also filed a separate case before the Kiambu High Court, claiming that the alleged trespassers had the blessings of top government officials.