How letter 'e' exposed Sh4 billion land grab

Sometime in 1993, Starehe Boys Centre decided to transfer its 54-acre land to a research institution, Kohlenberg Foundation.

Initially, the idea was having the expansive multi-billion-shilling land—which neighbours former powerful minister John Michuki’s Windsor Hotel—to be the grounds for a sister school.

However, the idea did not yield Starehe Girls Centre.

On April 7, the same year, the foundation decided to let go of the land to Langton Investments Ltd.

The company is owned by Maxam Limited mogul Ngugi Kiuna, Com Twenty One former CEO Evans Mwaura Gathua, Cooper K Brand’s CEO David Mucai Kunyiha, former Kengen CEO Edward Njoroge, Braebun’s founder Terry Childs through his Terence Leonards Kerslake Childs, former East Africa Breweries Limited marketing director Michael Karanja, Newgate Investments Limited and Gemi Holdings Ltd.

For years, the tycoons had peace of mind, until 2023 when Francis Michuki called to inquire if they had decided to subdivide the land. Previously, many thought that the land belonged to the late Internal Security minister, as the business moguls had allowed his employees to cultivate the land.

Little did they know that another company with a similar name and number had been registered on October 28, 1997, with directors listed as Josephine Chekurui Maritim and Paul Kipkomei Koech.

Misspelled investments

However, they had misspelled investments by adding a letter ‘e’ between ‘t’ and ‘m’.

In a frenzy to salvage the situation, the owners instructed their lawyers to place a caveat on the property as they sought for help from the police and courts to evict the intruders.

Curiously, despite securing orders requiring Kasarani Police Station to ensure that the new occupants were kicked out, the officers went under, leaving them helpless. They could not access their own property despite having court orders and title deed.

It was later to emerge that a senior police officer was protecting the group. 

In court, Kiuna’s Langton sued Meron Limited and the Chief Land Registrar and the Registrar of Companies.

Lands Court Judge David Mwangi heard that the first attempt to change directors was in 2020, of which they notified the Business Registration Service (BRS). Then the following year, another attempt happened. This time round, they escalated it to the Directorate of Criminal Investigations (DCI). They also created a caveat.

Despite the caveat and the DCI being aware, the fictitious Langton went ahead to subdivide the property into six plots and registered Meron as the owner.

Kiuna’s team argued that Meron was a trespasser.

On the other hand, Meron claimed ownership of the property. It alleged that on May 5, 2023, it was issued with a provisional title as its original one had been lost. The company further claimed that the initial file, which had Langton as the owner, was closed.

Meron is owned by Anthony Wachira Njoroge and Peyer Maina.

It further claimed that it had inked a special purpose vehicle venture with Langton directors Francis Muhuhu Ndinguri and Stella Wanjiru to develop the property and it had poured in Sh100 million to resurvey and subdivide the land, and for stamp duty.

Meron said it got the land, not as the proprietor but simply to re-survey and subdivide it. It denied that it was engaging in fraud.

The Chief Land Registrar indicated that the land belongs to Kiuna’s team, adding that Meron’s documents were anchored on fraud. 

Langton insisted that it always had the original title and had not initiated any project. It also told the court that it was not aware of Ndinguri and Wanjiru, who were alleged to be its directors.

The DCI land fraud investigations unit officer Enid Njuki told the court that all documents relied on by Meron were forged. She said that upon asking from the company registry, she confirmed that persons claiming to be Langton directors, including one Njunge Musabaca had nothing to do with or links with the company.

The Registrar told the court that the word investments had been misspelled “Investements” and the date of incorporation was also wrong.

Justice Mwangi declared Langton as the legal owner of the property. At the same time, he ruled that the subdivision was illegal and directed that all titles and certificates registered should be cancelled. He observed that Muhuhu and Meron were the architects of the fraud.

He also awarded the tycoons Sh54 million as damages for trespass.