LAND GRAB SCANDAL: Reinstated Lands Boss Nyandoro Linked to Illegal Transfer of Tuju’s Multi-Million Karen Property

David Nyambaso Nyandoro, a senior lands official temporarily reinstated by the Court of Appeal, is facing renewed scrutiny over his alleged involvement in the illegal transfer of property belonging to former Cabinet Secretary Raphael Tuju—despite an active court order prohibiting such action.

Nyandoro, whose appointment as Chief Land Registrar was nullified by the Employment and Labour Relations Court in May 2024, has been accused by Busia Senator Okiya Omtatah of misconduct and contempt of court.

The court had ordered Lands Cabinet Secretary Alice Wahome and Principal Secretary Nixon Korir to replace Nyandoro with Peter Mburu Ng’ang’a.

However, Nyandoro managed to remain in office after securing a stay order from the Court of Appeal in July 2024, supported by the Attorney General, pending the outcome of his appeal.

The controversy has deepened as Senator Omtatah, a party in the ongoing appeal, filed an application to introduce fresh evidence linking Nyandoro to the alleged unlawful transfer of Dari Business Park—a valuable property located in Nairobi’s Karen suburb.

In his application, Omtatah requests the court to admit a new affidavit containing the additional evidence. “This Honourable Court do grant leave to the 2nd Applicant to adduce additional evidence… The said affidavit be admitted to the record and be deemed to have been filed and served,” the motion states.

The senator argues that the evidence reveals serious breaches, including failure to perform legal duties and disregard for judicial orders.

He claims it directly questions Nyandoro’s integrity and suitability for the position of acting Chief Land Registrar.

Omtatah emphasizes that the evidence was not available when the appeal was originally filed.

“Unless the court allows the new evidence, there is a real and imminent risk that the appeal will proceed without key information relevant to public interest, legal compliance, and the qualifications of a critical officeholder in land administration,” Omtatah warned.

He further alleges that the disputed property transfer was executed in direct violation of a standing court injunction.

In April 2024, the court had barred any sale or transfer of Tuju’s Karen property amid a legal dispute involving East African Development Bank and Garam Investments Auctioneers over a contested loan.

That order was later extended on November 20, 2024, and again on February 6, 2025.

Despite the injunction, Omtatah claims the Ministry of Lands proceeded with the transfer.

Legal representatives were allegedly told at Ardhi House that the court order lacked the specific language required to be “registrable” by the Chief Land Registrar.

Omtatah rejects this as a flawed interpretation of the law.

“The Chief Land Registrar is legally obligated to recognize and act upon valid court orders,” Omtatah said, adding that Nyandoro’s conduct raises serious questions about his respect for the rule of law and his ability to serve in public office.

He warned that failing to consider the new evidence could undermine the administration of justice and compromise the public interest.

Tuju is currently fighting in court to prevent the auction of his Karen properties by the bank and auctioneers attempting to recover a disputed loan.

Background: Previous Court Ruling on Nyandoro’s Appointment

The Employment Court revoked Lands Principal Secretary Nixon Korir’s decision to appoint David Nyambaso Nyandoro as the Chief Land Registrar in May 2024.

Justice Bryan Ongaya reinstated Peter Mburu Ng’ang’a as the Chief Land Registrar and barred both Lands Cabinet Secretary Alice Wahome and PS Korir, as well as the Public Service Commission, from interfering with his work.

“An order of permanent injunction is hereby issued to restrain the PS and CS by themselves or by their agents from subjecting Mburu Ng’ang’a to unfair labour practices,” Justice Ongaya ordered.

The judge found that Nyandoro’s appointment undermined the functions and powers of the Public Service Commission under Articles 243 and 233 of the Constitution.

Ongaya nullified Korir’s letter dated November 17, 2023, that purported to appoint Nyandoro as Chief Land Registrar, ruling that all processes of his appointment were illegal and void.

He found that Korir’s deliberate delay in implementing the PSC’s decision to appoint Mburu as Chief Land Registrar—a decision communicated to the PS on September 28, 2023—was without justifiable reason, unlawful, and contravened rights to fair labour practices and administrative actions under Articles 41 and 47 of the Constitution.

The court upheld the PSC’s original decision appointing Mburu and directed that the Principal Secretary for Lands and Physical Planning immediately convey to Mburu the Commission’s decision of September 28, 2023.

Upon revoking Nyandoro’s appointment, the judge directed that anything Nyandoro had done during his six months in office since December 7, 2023, would be deemed valid and lawful except where otherwise established.

The court’s decision followed activist Aggrey Wafula’s petition challenging Nyandoro’s appointment by PS Korir in November 2023.​​​​​​​​​​​​​​​​