Court orders former City Councillor to keep off Eastleigh Land

Mr Kiragu is reportedly on the DCI radar over alleged forgery of land documents and obtaining money by pretence.
On 25, September, 2018 Milimani Commercial Courts Senior Principal Magistrate, E. K. Usui granted an order blocking Kiragu from interfering with the land in any way.

A court has stopped a former councillor in the defunct City Council of Nairobi from interfering with a parcel of land in Eastleigh Section III, which he sold to a businessman 15 years ago.

Mr Josphat Kiragu Waichahi was sued by Mr A. M. Sheikh, a businessman in Eastleigh suburbs, Nairobi for double – dealing in the parcel of land he bought from the politician in 2009, at a value of Kshs. 13 million.

A sale agreement between the businessman and Mr Kiragu dated 18 August, 2009 that was filed in court indicates Mr Sheikh bought four plots from the former councillor, through Maosa and Company Advocates and Amalgamated them into one parcel.

Mr Sheikh went to court after a third party, Mr John Mugo reportedly invaded his property which is under construction, claiming ownership of the land.

Images of a construction site in Eastleigh Section III which businessman A. M. Sheikh claims Mr Mugo invaded and allegedly damaged his building foundation claiming ownership ownership of the suit property.

But Milimani Commercial Courts Senior Principal Magistrate, P. K. Rotich granted orders declaring a status quo to be maintained on the suit property until the matter is heard and determined.

“A status quo is hereby preserved pending the hearing of this matter, meaning that the suit property shall not be sold, transferred or developed by any of the parties pending the hearing and determination of this matter”, Mr Rotich ordered.

The businessman claims he incurred an estimated loss of Kshs.85 million, after Mr Mugo reportedly entered the suit property to take possession, and allegedly caused damage to the multi-million steel-structured concrete foundation of a storey building under construction.

At the centre of the land tussle is former Eastleigh South Ward councillor Kiragu, trading as Kiraton Investment, Jorally Industries and Medona Supermarket Limited. In 2009, Kiragu sold the land to Mr Sheikh.

Fifteen years later, Mr Kiragu again sold the same land to Mr John Mugo who, according to documents filed in court bought the same suit property last year.

Detectives from the DCI are also said to be investigating a case of alleged forgery and obtaining money by pretence against Mr Kiragu.

A sale agreement dated 15 March, 2023 between Mr Josphat Kiragu Waichahi trading as Jorally Industries, Kiraton Investment Limited, Medona Supermarket and Mr Mugo, shows the former city councillor sold the land to Mugo at a value Kshs. 20 million through Kogai and Company Advocates.

On 4 April, 2023 Nairobi City County Government notified Kogai and Co. Advocates that the land was first allocated to four firms associated with the former councillor and it was later sold to Mr Sheikh, who has since placed a caution/caveat on the Amalgamated parcel on land.

The Nairobi City County Government caution/caveat on the suit property is signed by the Chief Officer, Lands at City Hall, Ms Cecilia W. Koigu.

Mr Kiragu, trading as Kiraton Investment, Jorally Industries and Medona Supermarket Limited has been sued by Mr Sheikh for allegedly attempting to resell the parcel of land the businessman bought from the former councillor many years ago.

Court documents filed at the Milimani Commercial Courts and a caveat placed on the land parcel by City Hall indicate that on 18 August, 2009, Mr Kiragu sold four plots in Eastleigh Section III former Sewerage Depot to Mr Sheikh.

The City Council of Nairobi approved amalgamation of the plots into one parcel. City Hall also approved a building plan on the Amalgamated parcel. Mr Sheikh laid a multi-million shilling steel-structured concrete foundation for construction of a storey building with a basement parking.

In the process, he claims there were attempts by Mr Kiragu to dispossess the businessman of his property and he moved to court to seek redress.

On 25, September, 2018 Milimani Commercial Courts Senior Principal Magistrate, E. K. Usui granted an order blocking Mr Kiragu from interfering with the land in any way.

The injunction restrained Kiragu, his family, agents and servants from alienating, or causing to be alienated, sold, disposed of and or in any manner, dealing with the suit property, being the parcel of land known as Amalgamated Plot Nos 17, 23 and 24 on L. R. No. 209/7260/185 -188 Area 0.094 Ha Eastleigh Section III former Sewerage Depot, pending hearing and determination of the suit.

On 13 February, 2023 Senior Principal Magistrate P. K. Rotich of Milimani Commercial Courts ordered the officer commanding California Police Station (OCS) to enforce the injunctive orders that were issued on 25 September, 2018 against Kiragu, Kiraton Investment, Jorally Industries and Medona Supermarket Limited.

Mr Mugo claims he bought the disputed land from the former councillor and has also also gone to court to seek redress.

In his ruling, Senior Principal Magistrate Rotich on 12 October, 2023 granted Mr Mugo leave of the court to be enjoined in proceedings of the main suit as an interested party to allow him to file his defence to the plaint.

But the Senior Principal Magistrate ordered that a status quo be maintained by all parties. Thus, the suit property shall not be sold, transferred or developed by any of the parties until the matter is heard and determined.