Kisii, Kenya In a major blow to Kisii County Assembly Speaker Phillip Machuki Nyanumba, the High Court has declared his title deed to a contested parcel of land null and void handing legal victory to retired teacher John Nyaanga, who had occupied the property since 1977.
In a judgment delivered Tuesday, the court found that Nyanumba’s title to parcel LR No. KISII MUNICIPALITY/BLOCK 1/492 was invalid, citing inconsistencies in the acquisition process and declaring it untraceable in authentic land records.
Critically, the court noted that the official listed in Nyanumba’s title deed a Mr. Gacanja was not serving as a Land Registrar at the time the document was allegedly issued, raising serious concerns over the document’s legitimacy.
“The court is not satisfied that the Plaintiff held a valid title. The land was under the custody of the National Housing Corporation, and the process of issuing a formal title to the Defendant was already underway,” the judge ruled.
Evidence from the Land Administration Office and the National Housing Corporation (NHC) confirmed that the land had been earmarked for allocation to Nyaanga, who had taken possession through the now-defunct Kisii Town Council nearly five decades ago.
The court declared Nyaanga the lawful owner of the land and ordered Nyanumba to vacate the premises within 30 days. Any structures erected by the Speaker must also be removed or demolished within the same period.
In addition, a permanent injunction was issued restraining Nyanumba from collecting rent on the property. The court further directed the Deputy Registrar to formally notify ABSA Bank that the property cannot be used as collateral due to the fraudulent nature of the title.
The ruling also granted Nyaanga’s counterclaim in full, ordering Nyanumba to pay legal costs jointly and severally.
The dispute traces back to 2014 when Nyanumba sued Nyaanga, seeking to bar him from the land and claiming damages for alleged trespass and destruction of property. However, in his defense, Nyaanga through his lawyer Omaiyo Mogaka maintained that he had been in uninterrupted occupation of the land since 1977, having been allocated the plot and made payment of Kshs. 760.
“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 further told the court that he was forcibly evicted in 2014 when Nyanumba allegedly destroyed the perimeter fence and took over the land unlawfully.
The ruling is expected to send a strong message on fraudulent land dealings, especially involving high-ranking public officials, and reaffirms the court’s position on the sanctity of legitimate land ownership through due process.
