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A Director at the Ministry of Lands yesterday told the High Court that there were two genuine title deeds at the centre of the Sh1.5 billion disputed land in Nairobi which Deputy President Rigathi Gachagua and his wife lay claim to.

Gordon Odeka Ochieng, who has been a director of lands and administration at Ardhi House for 34 years, told Justice Joseph Mboya that the land whose ownership pits Gachagua (pictured), his wife Dorcas against Micheal Ohas, a retired Director of Physical Planning in the Ministry of Lands, were both issued by the Commissioner of Lands.

The details emerged when the director of lands was being cross-examined by Ohas’ lawyer Moses Owuor over the ownership of the two acres of land near Jomo Kenyatta International Airport in Embakasi, Nairobi.

“I confirm before this court that the record at the Land Registry in Nairobi shows that two genuine titles were generated and signed by a competent commissioner of lands in regard to the land in dispute,” said Ochieng.

The director, upon perusal of the two titles shown to him by State counsel Allan Kamau, confirmed they were genuine titles.

Asked whether two titles can be issued over the same parcel of land, Ochieng responded: “It is not a normal occurrence.”

He, however, added that he could not trace the file for the property at the Land Registry.

Lands commissioner

The witness told the judge that despite the fact that a title to the suit property had earlier been processed and issued to Karandi Farm Limited, Peter Mbugua and Pauline Muringe on December 31, 2002 who later transferred it to Gachagua’s company known as Wamunyoro Investment Limited, the office of the Commissioner Lands went ahead and processed another title to Columbus Two Thousand Limited, owned by Ohas.

“The act of registration of M/S Columbus Two Thousand Limited as Lessee of LR. 209/12077 created an unprecedented scenario where two entities have laid claim over the suit property,” Ochieng said.

The court was told that Ohas was the first to be offered the land in dispute but delayed in paying the standing premium of Sh863,400 within 30 days occasioning the ministry to revert the land back to the government and thereafter re-issued it to Karandi Farm Limited of Peter Mbugua and Pauline Muringe.

Ochieng told the court that the three paid for the offer of the land at Sh672,306 on December 18, 2002 but also late.