By KPC Court Reporter
The High Court has nullified a title deed held by Kisii County Assembly Speaker Phillip Machuki Nyanumba, awarding ownership of a disputed parcel of land to retired teacher John Nyaanga.
Nyaanga has occupied the property since 1977.
The court found that the title deed for parcel LR No. KISII MUNICIPALITY/BLOCK 1/492—purportedly held by Nyanumba—was invalid due to inconsistencies in its issuance process and its absence from official land records.
A central point in the case involved the appearance of one Mr. Gacanja as the Land Registrar on the disputed title deed.
The court noted that Mr. Gacanja was not serving in that capacity at the time the document was allegedly issued, raising serious questions about its authenticity.
“The court is not satisfied that the Plaintiff held a valid title,” the judge ruled, adding that the land had been under the custody of the National Housing Corporation (NHC) and was already in the process of being formally allocated to the Defendant.
Supporting documents from the Land Administration Office and the NHC confirmed that the parcel had been earmarked for Nyaanga and that he took possession of it through the now-defunct Kisii Town Council nearly five decades ago.
Effect demolitions
The court declared Nyaanga the legitimate owner and ordered Nyanumba to vacate the property within 30 days.
Any structures erected by the Speaker must also be removed or demolished within the same timeframe.
Further, the court issued a permanent injunction barring Nyanumba from collecting rent from the premises and directed the Deputy Registrar to inform ABSA Bank that the parcel cannot be used as loan collateral due to the fraudulent title.
The court fully upheld Nyaanga’s counterclaim and ordered Nyanumba to pay legal costs jointly and severally.
The legal dispute began in 2014 when Nyanumba filed a suit against Nyaanga for alleged trespass and property damage.
Represented by lawyer Omaiyo Mogaka, Nyaanga maintained that he had continuously occupied the land since 1977.
“I was allocated Plot No. 58, now known as Parcel 492, and paid Kshs. 760. Although I no longer have the receipt, the process would not have proceeded without payment,” he testified.
Nyaanga also claimed that he was forcibly evicted in 2014, with Nyanumba allegedly destroying the perimeter fence and unlawfully seizing the property.