Kabogo Ordered to Pay Sh100 Million for Grabbed Prime Nairobi Land

The Appellate Court has upheld a decision by the High Court ordering former Kiambu Governor William Kabogo to pay Sh100 million for a prime plot of land alleged to have been grabbed.

Kabogo had moved to the Appeals Court seeking to have High Court Judge Elijah Obaga’s ruling that ordered him to compensate businessmen Nayan Patel for the property overturned. Kabogo has occupied the land located on Church Road in Westlands and whose value is estimated at Sh3.5 billion, for 10 years.

In a ruling dated December 6th, Appellate Court Judges William Ouko, Fatuma Sichale, and Sankale ole Kantai, also ordered Kabogo to pay Mr. Patel cost of the suit. The Appeals Court agreed with Justice Obaga that Kabogo and State land officers had fraudulently registered the land in the name of Carroget Investments Ltd.

“In the first place we reiterate that in an act of impunity, the appellant, with a questionable title forcefully invaded the suit property, evicted the 1st respondent and occupied it for over 10 years. The invasion was unlawful and the taking of possession of a privately-owned property amounted to trespass. The 1st respondent’s efforts to get assistance from the police were futile, compelling him to institute an action for trespass,” the three judges ruled.

In his appeal, Kabogo insisted that had applied to the City Council in 2007 and was duly allocated the parcel for a 99-year lease.

But the Appeal Court judges noted: “From the evidence on record, and what we have said above, this was not a case of double allocation but one of shameless, outright typical Kenyan-style land grabbing, where, the appellant in collusion with some of the officials working for City Council, Commissioner of Lands, registrar of titles and the Attorney General, attempted to alienate private land that already had been alienated.” 

Kabogo has indicated he intends to move to the Supreme Court. “I will fight to the highest level of appeal,” he told The Standard via phone.