The Court of Appeal has intervened to save the homes of 700 families in a Ksh750 Million Land Row in Ruiru.
In a ruling delivered on Friday, February 6, the court temporarily halted the eviction of residents from the disputed land involving Marriot Africa (linked to businessman Kamlesh Pattni) International Ltd, Ukombozi Holdings Ltd, and other parties, against Kangaita Coffee Estates Ltd and related respondents.
“We allow the application contained in the motions dated 24th July 2025 and Page 15 of 15 28th July 2025 in terms that, until the appeal and/or intended appeal is heard and determined, the 1st and 4th respondents, or those acting under them, shall not evict the applicant, 3rd respondent and interested parties from the suit property, LR No. 11261/76 (IR 88741) or any of its subdivisions, or in any other way interfere with their peaceful occupation,” read part of the ruling.
The dispute arose from the sale of the property, originally part of the estate of the late James Kanyotu, while succession proceedings were ongoing.
The Environment and Land Court (ELC) had previously ruled that the sale and subsequent transfers were fraudulent, illegal, and void, ordering the cancellation of all titles and the eviction of occupants.
Marriott and other affected parties who purchased portions of the property argued that executing the ELC orders before their appeal would cause irreparable harm and render the appeal meaningless.
“Seeking to permanently injunct them from laying claim to the suit property, or any part of it, or trespassing thereon, or evicting them or in any other way harassing them or interfering with the property or those occupying it; general damages for trespass; costs and interest,” read the ruling.
History of the Land Dispute in Ruiru
The case revolved around a 500-acre prime parcel in Ruiru (L.R. No. 11261/76), linked to the estate of the late intelligence chief James Kanyotu, a majority shareholder in Kangaita Coffee Estate Ltd.
Following his death, the land became part of the estate under administration in High Court Succession Cause No. 1239 of 2008, which had issued express orders restraining dealings with the property.
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The land was then allegedly sold to Trendsetters Investment Ltd, which later sold it to Marriott Africa International Ltd.
Marriott subdivided the land into over 1,000 plots and disposed of many of those plots to third parties before transferring its interest to Ukombozi Holdings Ltd (Interested Party).
This triggered challenges from the widows and heirs of Kanyotu, who claimed the transactions were fraudulent and contrary to succession law.
However, Marriott Africa argued that it was a bona fide purchaser for value without notice, having paid Ksh750 million and the requisite stamp duty.
It added that it had lawfully acquired the land from Trendsetters Investment Ltd, which held a clean title at the time and had already subdivided and sold part of the land, and therefore sought permanent injunctions to protect its title and quiet possession.
The widows of James Kanyotu asserted that the sale was illegal and fraudulent, undertaken in violation of court orders in the succession proceedings, and denied that they authorized or benefited from the sale.
They also produced evidence that the land control board consents used to validate the transfer were forgeries.
Kangaita Coffee Estates Ltd maintained that it was the rightful owner and that any sale not sanctioned by its lawful board and the succession court was null and void. It sought cancellation of subdivisions and restoration of the original title.
How to Avoid Land Disputes in Kenya
The following steps will help protect your property and avoid future land disputes:
- Conduct a Land Search at the Ministry of Lands: Before purchasing or transferring land, always perform an official land search at the Ministry of Lands and Physical Planning. To confirm the rightful owner, verify the authenticity of the title deed, and identify any encumbrances, such as caveats, mortgages, or restrictions.
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- Hire a licensed land surveyor to accurately demarcate your land boundaries according to official cadastral maps.
- Ensure that all land transactions (including sales, leases, and transfers) are documented in writing, signed, and witnessed.
- Regularly update land records to reflect changes in ownership, subdivision, or land use, notify the land registry of any transactions, and keep copies of all documents.
- To have the land property transferred after the owner’s death, obtain a Grant of Probate or Letters of Administration through the courts, and distribute the land according to the confirmed grant to prevent family conflicts or illegal transfers.
- Ensure to always confirm that the person selling or transferring the land is the lawful owner to prevent double allocation and fraudulent transactions.
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