Former Nairobi County Governor Evans Kidero has lost a parcel of land in Kisumu after a court found that he acquired it illegally.
Justice SM Kibunja of the Environment and Land Division ruled that the former Governor obtained the piece of land in Korando area without following procedures.
The land, which belongs to Peter Ochola, was sold to Kidero after Ochola was involved in a road accident and was hospitalised for 12 months.
Court documents indicate Ochola, a Kisumu resident, bought the portion of land from one Peter Angira in 2005. He paid the full purchase price and a sale agreement was made but he got admitted.
It was after recovering from his injuries that he found the land had been fenced off and developed without his knowledge.
After inquiries, Ochola found out that Angira had sold his remaining portion of the land to Kimwa Murithi, who later sold it to Kidero.
Ochola then moved to Court and sued Kidero accusing him of purchasing his property unlawfully.
Seeking orders for it to be returned to him, Ochola told the court that despite repeated demands to Kidero to rectify the situation and return his land, the former Governor refused to act.
In his defence, Kidero argued that Ochola was a stranger to the contract between him and Angira.
He told the court that he bought twelve parcels of land from one Miriti Mbui and one Antony Kigathi for Sh12 million in 2008.
Kidero told Justice Kibunja from the witness stand that he legally bought the property from Mbui, and that he followed procedures.
But the judge said the two vendors, who sold and transferred the land to Kidero, were not the registered proprietors of the land, hence had no capacity to transfer it to him.
“The court finds that the defendant’s acquisition of the title was not procedural, regular and legally done,” he ruled.
Justice Kibunja said Ochola had partially proven his claim against Kidero on a balance of probabilities.
He has directed the Lands registrar to cancel and revoke the title deed held by Kidero and revert it to the correct owner forthwith.