Mathira Member of Parliament and his wife, Pastor Dorcas Rigathi, have moved to court over a Ksh1.5 billion land tussle.
A company linked to the United Democratic Alliance (UDA) presidential running mate moved to court claiming that two defendants risk illegally transferring, disposing of and/or alienating the property in question to a third party.
In court documents, the Gachagua's linked company, Wamunyoro Investment Ltd, indicated that the sale of the land in Nairobi should be stopped in order to avoid complicating the matter which is already before the court.
The Gachagua's told the court they are the lawfully registered and absolute owners of the parcel of land and have the title deeds to prove the same.
According to Gachagua, the defendants illegally and fraudulently acquired a second title deed on the property while the Plaintiff's title (first title) was still in existence.
He further told the court that the defendants intentionally fiddled with the records at the lands office in regard to the claimed property.
The court was also informed that any official search on the suit property currently indicates that the Defendant was the registered owner of the parcel with the Gachagua's not appearing anywhere in the records.
Gachagua urged the court to order that the title deed in possession of the two defendants is invalid, null and void since it was allegedly obtained fraudulently, irregularly and illegally.
The land tussle started in 2021 after John Michael Ohas, a former Director of Physical Planning at the Ministry of Lands accused the company linked to Gachagua of illegally obtaining a title to a land he bought in 1996.
Ohas stated that the title registered to Wamunyoro Investment Ltd, a company linked to the MP, was obtained fraudulently.
The retired civil servant stated he was allocated the plot near Jomo Kenyatta International Airport (JKIA) in 1994 by former President Daniel Arap Moi.
In court documents, Ohas noted that he was among four allottees who included former minister Taita Towett, Francis Maritim and Afro-Anglo Investment.
According to Ohas, he was allocated the land through his company, Columbus Two Thousand Ltd, and paid Ksh50,000 after accepting the offer in May 1996. He later reached out to a licenced surveyor who produced a deed plan.
Ohas stated that he fell sick in 1996 and travelled to the UK for specialised treatment and while away, Rigathi and officials from the Ministry of Land allegedly acquired a faux allotment letter.
