The court ruled that the property belongs to the estate of the late intelligence chief James Kanyotu after finding that the company failed to prove it acquired a valid title.
The decision ends a long-running land dispute involving allegations of forgery, unlawful transfers, and trespass.
Court rules in favour of James Kanyotu’s estate
Justice Oguttu Mboya of the Environment and Land Court delivered the ruling in a case involving Marriot Africa International Limited and representatives of the late James Kanyotu’s estate.
The dispute involved land parcel L.R No. 11261/76, located within the Kangaita Coffee Estate in Kiambu.
The estate, represented by Margaret Nyakinyua Murigu and her children, argued that Marriot Africa occupied the land through irregular transactions carried out during the succession period.
Judge questions validity of land transfer
Justice Mboya ruled that Marriot Africa failed to demonstrate that it obtained a lawful title to the property.
The court found irregularities in the transfer process, including questionable documents and alleged violations of land transfer procedures.
The judge stated that a title obtained through fraud cannot be protected by the law.
“No amount of investment or good faith can sanitize a title that is born of fraud,” the court ruled.
Company argued it was an innocent buyer
Marriot Africa told the court that it acquired the property legally and followed the required procedures before registration.
The company argued that it obtained approvals from relevant authorities, including the Lands Control Board, and warned that eviction would cause significant financial losses.
However, the court rejected the argument, stating that unlawful ownership cannot be protected regardless of the investment made on the land.
Court issues eviction orders
The High Court issued a permanent injunction stopping Marriot Africa from interfering with the property.
The company has been given 120 days to leave the land and remove any structures or installations placed on the property.
The court further directed that if the company fails to comply, eviction should be carried out under the supervision of the Officer Commanding Police Division and the County Land Registrar.
Land officials ordered to audit property history
Justice Mboya also directed the Chief Land Registrar and the Director of Surveys to review the history of the disputed parcel.
The officials are required to submit a report within 60 days.
The judge warned that individuals involved in issuing irregular land documents could face further legal action.
Kanyotu family welcomes ruling
Members of the late spy chief’s family welcomed the decision, describing it as a victory after years of legal battles.
The family maintained that the land was part of James Kanyotu’s estate and should be protected from unlawful claims.
Legal observers say the ruling could have wider implications for Kenya’s property sector, especially in cases involving disputed titles and alleged fraudulent land transfers.
The decision reinforces the principle that ownership rights must be supported by lawful acquisition and valid documentation.
