A Kenyan businessman based in Ireland has moved to court seeking justice after his Sh55 million property in Nairobi’s Pangani area was allegedly demolished while he was outside the country.
Amos Njugi Wachira claims his property was unlawfully brought down after Stephen Ocholla Sangira allegedly obtained court documents and served them on him in Eastleigh despite him not being in Kenya at the time.
Appearing before the Environment and Lands Court on Tuesday, Wachira told Justice Jacqueline Mogeni that Sangira allegedly sent hired individuals, accompanied by police officers, to his Pangani property where they carried out the demolition.
The court heard that Sangira and Kachuodho Holdings Ltd had previously filed a case before a magistrate’s court, but the matter was dismissed after they failed to appear in court.
Wachira has since sued Nairobi City County, the Chief Lands Registrar, the Inspector General of Police, and the Attorney General over the demolition of the property, which he estimates to be worth Sh55 million.
According to court documents, Wachira alleges that individuals linked to Kachuodho Holdings and Sangira invaded the property on October 28, 2021, and demolished it while claiming they held a 99-year lease over the land.
He accuses Nairobi City County officials of working with the Lands Registry to facilitate the issuance of what he describes as a disputed certificate of lease to Kachuodho Holdings, despite him being the legitimate owner of the property.
Wachira claims that Sangira and the company later obtained orders from the magistrate’s court, which were used to remove his tenants before the demolition was carried out.
“Police officers acting under the authority of the Attorney General escorted the goons and provided protection during the demolition of the property. The respondents are therefore liable for the damages arising from the unlawful destruction,” Wachira told the court.
The businessman is seeking compensation of Sh19 million for losses incurred, in addition to payment for the value of the demolished property.
He says efforts to resolve the matter through demands and notices of intention to sue failed, leaving him with no option but to seek legal redress.
Wachira acquired the property from Ephantus Ngochi in 2007 and later secured financing from Housing Finance Corporation of Kenya, using the property as collateral.
The property consisted of a single-storey main house, four extension blocks, and two ablution blocks, comprising 28 rental units. After renovations and improvements, the units generated approximately Sh192,000 in monthly rental income.
He is also asking the court to issue orders preventing Sangira and Kachuodho Holdings Ltd, who have not filed a response to the case, from laying any further claim to the property.
“Following the illegal and unlawful demolition of my property on October 28, 2021, and the frustrations I have faced from the respondents in failing to address my complaint, I have suffered immense mental anguish and hold all the respondents jointly and severally liable,” part of his court documents read.