High Court Orders Urgent Hearing in Kanyotu Estate Dispute Amid Corruption Allegations in Ministry of Lands and Law Firm Linked to CS

The High Court of Kenya at Nairobi has issued urgent orders in a long-standing succession case involving the estate of the late James Kanyotu, a prominent businessman and former head of Kenya’s National Security Intelligence Service (NIS).

Kanyotu was the majority shareholder of Kangaita Coffee Estate Limited, a company that owns several parcels of prime land in Kenya. The case, which has been ongoing since 2008, has taken a new turn as the court seeks to address allegations of illegal land transfers and fraudulent dealings by respondents in the matter.

This development comes amid serious allegations against Lands Cabinet Secretary Alice Wahome, and her daughter’s law firm, Wahome and Akedi Advocates, have been involved in fraudulent land deals, including forgery and the illegal issuance of title deeds.

According to sources familiar with the matter, CS Wahome has allegedly leveraged her authority to manipulate land registry processes, facilitating the production of fraudulent title deeds for properties in Nairobi.

Some of these properties are reportedly embroiled in ongoing legal disputes, while others have yet to be presented in court.

The allegations have sparked public outcry, with mounting pressure on the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) to investigate the claims, which now cast doubt on the legitimacy of several land transactions.

The Background: A Tangled Web of Corruption

James Kanyotu, who passed away in 2008, was the majority shareholder (99.9%) of Kangaita Coffee Estate Limited, a company that owns valuable land parcels in Kenya.

Following his death, the estate has been embroiled in a series of legal battles, with allegations of fraudulent land transfers and illegal dealings surfacing.

The latest court documents reveal that Margaret Nyakinyua Murigu, the administrator of Kanyotu’s estate, has filed an urgent application in the High Court of Kenya, seeking to reverse what she claims are illegal and fraudulent transfers of land belonging to the estate. The respondents in the case, including Joseph Muragu, George Kariithi, and others, are accused of illegally acquiring and occupying parcels of land registered under Kangaita Coffee Estate Limited.

The Role of Wahome & Akedi Advocates

The law firm of Wahome & Akedi Advocates, representing the administrator, has been at the center of this legal battle. The firm has filed a Notice of Motion seeking urgent court orders to cancel the illegal transfers and evict the respondents from the disputed land. The application is based on the grounds that the respondents fraudulently obtained registration of the land in their names, in clear violation of court orders preserving the estate.

However, sources close to the case suggest that the suit may not be as straightforward as it appears. Critics allege that the legal action could be part of a broader scheme to manipulate the legal system for the benefit of certain individuals within the estate, particularly Willy Kihara Njoki Kanyotu, one of the beneficiaries.

Njoki has previously lost several lawsuits related to the land owned by Kangaita Coffee Estate Limited, raising questions about the legitimacy of the current claims.

The Police Investigation: A Trail of Fraud

The scandal has also caught the attention of the DCI). In a letter dated 11th December 2024, the DCI confirmed that investigations had revealed that an advocate, Joseph Waithaka Kahari, had fraudulently sold parcels of land belonging to Kangaita Coffee Estate Limited.

The DCI recommended that Kahari be charged with intermeddling with the properties of a deceased person, contrary to Section 45(1) of the Law of Succession Act.

Despite the DCI’s recommendation, the Office of the Director of Public Prosecutions (ODPP) has yet to take action, leading to accusations of a cover-up. The delay has frustrated efforts by the estate to recover its property, further fueling suspicions of high-level corruption.

The Bigger Picture: Corruption in the Lands Ministry

This case is not an isolated incident. The latest revelations add to the growing body of evidence pointing to systemic corruption within Kenya’s lands ministry, where powerful individuals and well-connected law firms allegedly collude to manipulate land records for personal gain.

The Defendants: Legitimate Buyers or Victims of a Scam?

The respondents in the case, who are accused of illegally occupying the land, claim to have purchased the parcels “for value” and hold genuine land ownership documents. They argue that they are being unfairly targeted in a scheme orchestrated by Willy Kihara Njoki Kanyotu, who has a history of losing legal battles over the same land.

This raises a critical question: Are the defendants legitimate buyers who acted in good faith, or are they unwitting participants in a larger fraud orchestrated by individuals within the estate? The court’s decision in this case will have far-reaching implications for land ownership and the rule of law in Kenya.

Court Orders and Urgent Application

On 31st January 2025, Honorable Justice P.M. Nyaundi issued orders directing that the application by Margaret Nyakinyua Murigu, the administrator of the estate, be served upon the respondents. The respondents have been given  14 days to file their responses. The matter is set for mention before Honorable Justice Riechi on 19th February 2025 for further directions.

The application, filed by Wahome & Akedi Advocates on behalf of the administrator, seeks several orders, including the cancellation of illegal land transfers, eviction of the respondents from the disputed properties, and a permanent injunction preventing the respondents from dealing with the estate’s assets. The application also requests that the Officer Commanding Station (OCS) at Ruiru Police Station enforce the court’s orders.