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Former Cabinet Minister Noah Wekesa is not off the hook yet over a Sh6 million land deal he entered into 11 years ago.

His limbo follows a decision by a former provincial administrator who moved to the Court of Appeal seeking to compel Wekesa to pay the balance of the transaction  or return the property. 

Davis Nathan Chelogoi lost the case at the High Court after Justice Samson Okong’o dismissed his application in February this year.

Fraudulent alterations

 Okong’o of the Environment and Lands Court dismissed the suit even as he acknowledged that Wekesa had altered the sale agreement.

In the dispute that lasted eight years in court, the judge found that Wekesa had forged documents to obtain a Sh12 million mortgage from Parliamentary Service Commission (PSC), since at the time of sale, he was Kwanza MP and Environment minister.

“I have noted that the defendant was involved in illegal and fraudulent alterations of the sale agreement that he entered into with the plaintiff. 

The court will express its disapproval to such conduct by denying the defendant costs of the suit,” the judge ruled on February 6.

Wekesa had told the High Court that he signed two separate agreements for purchase of the two parcels of land, and that the actual sale price was Sh6 million for the 20-acre parcel of land and that the second agreement of Sh12  million, was for his personal use in getting a mortgage from parliament. 

While paying stamp duty, Wekesa said the value of the two plots was Sh1 million each and ended up paying Sh40,000 as tax.

Now, Chelogoi who retired as Deputy Nairobi Provincial Commissioner has moved to the Court of Appeal seeking to quash  Okong’o’s verdict.

“The learned judge erred in law and fact by not appreciating the impact the unilateral, irregular alterations of the agreement of sale by the respondent had on the entire transaction,” argued lawyer Francis Orioki for the former administrator.

Chelogoi now wants Wekesa compelled to pay Sh6 million balance plus interest, failure of which the transaction be cancelled.

He also wants the appeal court to direct that Wekesa be investigated for fraudulent activities.