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A Nakuru businessman has suffered a major blow after the Environment and Land Court ordered him to surrender a parcel measuring 1.672 acres to Pyrethrum Processing Company of Kenya.

Justice Mwangi Njoroge ruled that the Certificate of Lease held in favour of Simon Muchiri in respect of Nakuru Municipality Block was irregularly and fraudulently acquired, and is consequently null and void
He ordered the Land Registrar Nakuru to cancel the purported Certificate of Lease issued in the name of Simon Muchiri.

“All entries on the Land Register in respect to Land parcel Nakuru Municipality Block 7/138, held or made in favour of Simon Muchiri to be restored to Pyrethrum Processing Company of Kenya,” he ruled.

The Ethics and Anti-Corruption Commission had moved to court claiming the suit land was part of alienated government property vested in the Managing Director of Pyrethrum Processing Company Of Kenya (herein PPCK), a State corporation.

The land was acquired in 1957 from one Alfreda Frances Bell via an agreement and the parcel was subsequently transferred to PPCK for its use as a public institution.

However, investigations revealed that Muchiri wrongfully and fraudulently procured a lease over the suit property for private purposes.

The lease was purportedly registered at the District Land Registry Nakuru on December 21, 1989 and Certificate of Lease issued Muchiri the same day.

Suit property

“The defendant’s purported registration is illegal and fraudulent and void cannot confer any estate right or interest upon the defendant,” EACC had claimed in court documents. According to EACC, the alleged fraudulent acquisition of the suit property for private purposes conflicted with the clearly intended public user for which the land was vested in PPCK.

Justice Njoroge ruled that EACC had established its claim against Muchiri on a balance of probabilities.
“It is clear that the title holder to the suit land was PPCK. The memorandum of registration of transfer of lands dated 30/12/1957 and the indenture produced before court are clear evidence of this fact,” ruled the judge.

Judge further noted that the misrepresentations of Muchiri led to the issuance of the purported lease and certificate in his favour much to the detriment of the PPCK.

“In this court’s view the evidence of the plaintiff is strong enough to support the claim of fraud and illegality,” Justice Njoroge ruled.