Former Kiambu governor William Kabogo has been slapped with Sh100 million costs for illegally occupying a parcel of land in Nairobi’s Westlands.
Further, Justice Elijah Obaga directed Mr Kabogo to vacate the 5.2-acre land on Mvuli Road, stating that he was a trespasser. The amount to be paid to Nayan Patel is damages he has suffered for failing to develop the land as planned after it was invaded.
“From the evidence adduced herein and the documents produced in this case, it is clear that the title by the first defendant (Nairobi County Government), which was subsequently transferred to the fifth defendant (Caroget Investment Ltd) was obtained illegally, unprocedurally and through corrupt scheme,” said the judge.
Mr Kabogo testified that he is a director of Caroget Investment and that he acquired the land, estimated to be worth Sh3.5 billion, in 2007.
He paid Sh8 million as stamp duty after his application was granted by the defunct Nairobi City Council.
In the same year, Mr Kabogo’s company invaded the property and evicted workers at the premises.
Mr Patel’s bid to have the invaders leave failed, he told the court.
In his ruling, justice Obaga said the suit property was not available for allocation by the city council.
“The suit property’s history is that it had been in private ownership since 1946. It ceased to be government land and was therefore not available for alienation by the Commissioner of Land,” he ruled.
Before the invasion, Mr Patel had planned to build a residential hotel and an apartment on the property.