Former Nairobi Governor Evans Kidero on Monday lost property in Kisumu after High Court found that two men who sold it to him acquired it illegally.
Environment and Lands Court Judge Stephen Kibunja ruled that the former county boss would not enjoy the land valued at Ksh 12 million as two proprietors who sold it to him were not registered owners.
“In view of the fact that the two named vendors, who allegedly sold and transferred the land parcel Kisumu/Korando/4457 to the defendant ( Kidero), were not the registered proprietors of the said land, then they had no capacity to transfer the land to the defendant,” Justice Kibunja ruled.
[caption caption="File image of Former Nairobi Governor Evans Kidero"]
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However, Justice Kibunja allowed the two to pursue the sellers for a refund of there money.
The court further dispossessed the accuser, Peter Omolo, as he had not transferred ownership from the names of the original owner who is dead, one Okeyo Nyakwaga to his grandson Peter Angira who was selling it.
Omolo moved to court complaining that he had bought a portion of the land but to his surprise, it then changed hands sometime in 2010 when he was confined in a hospital bed from an accident.
He told the court that he had bought it from Nyagwaka in 2005 at a cost of Sh 45,000 and planted trees.
He testified that upon making inquiries, he found out that Angira had sold the remaining portion of the land to one Kimwa Murithi, who later sold it to Kidero who in turn took up the whole land.
In his defense, Kidero testified that he is a stranger to the contract between the Omolo and Angira.
According to the former governor, he bought the land in 2008, totaling to 12 parcels from Miriti Mbui and Antony Miriti for Ksh 12 million after obtaining their consent.
The judge, however, found that the land's documents produced in court did not bear the names of Mbui and Miriti and instead showed that the land was jointly owned by the deceased and another person who was not before the court named as George Midika.
According to the judge, the former Governor did not produce copies of the consent and transfer form to show that the land legally changed hands.
[caption caption="File image of President Uhuru Kenyatta and former Nairobi Governor Evans Kidero"]
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