Kisii, Kenya — In a major legal victory for a retired teacher and a blow to Kisii County Assembly Speaker Phillip Machuki Nyanumba, the High Court has declared Nyanumba’s title deed to a contested piece of land null and void, cementing retired teacher John Nyaanga as the lawful owner.
In a judgment delivered on Tuesday, the court ruled that Nyanumba’s title to parcel LR No. KISII MUNICIPALITY/BLOCK 1/492 was invalid, citing glaring inconsistencies in its acquisition process and the absence of credible land records to support its authenticity.
Crucially, the court found that the official named on Nyanumba’s title deed, Mr. Gacanja, was not serving as a Land Registrar at the time the document was allegedly issued, raising serious questions over the document’s legitimacy.
“The court is not satisfied that the Plaintiff held a valid title. The land was under the custody of the National Housing Corporation, and the process of issuing a formal title to the Defendant was already underway,” the judge ruled.
Evidence from the Land Administration Office and the National Housing Corporation (NHC) confirmed that the land had been earmarked for allocation to Nyaanga, who had occupied the property since 1977, having been granted possession by the now-defunct Kisii Town Council.
The court ordered Nyanumba to vacate the premises within 30 days, including removing or demolishing any structures erected on the land. A permanent injunction was also issued, barring him from collecting rent from the property.
In a further blow to the Speaker, the Deputy Registrar was directed to formally notify ABSA Bank that the property cannot be used as collateral due to the fraudulent nature of the title.
The ruling also awarded Nyaanga’s counterclaim in full, ordering Nyanumba to pay legal costs jointly and severally.
The land dispute traces back to 2014, when Nyanumba sued Nyaanga, seeking to bar him from the property and claiming damages for alleged trespass and property destruction.
However, Nyaanga, represented by lawyer Omaiyo Mogaka, maintained that he had been in uninterrupted occupation of the land since 1977. He testified that he was allocated Plot No. 58, now known as Parcel 492, and paid the requisite Kshs. 760, though he no longer possessed the receipt.
Nyaanga told the court that in 2014, Nyanumba allegedly forcibly evicted him by destroying the perimeter fence and unlawfully taking over the land.
By Were Kelly
