High Court Decision Reversed in Multi-Billion Shilling Karen Property Feud

A version of this article appeared on The Business Daily.

The Court of Appeal has reversed a High Court decision involving a 134-acre parcel of land in Karen, Nairobi, valued at Sh8 billion.

Appellate judges awarded ownership of the contested property to Muchanga Investments Limited. The firm is linked to former Vice-President Moody Awori, his wife Ruth, and the family of the late businessman Horatius Da Gama Rose.

The ruling overturned a previous judgment issued by Environment and Land Court (ELC) judge Oscar Angote. Justice Angote had determined that none of the principal claimants had provided sufficient proof of ownership, directing that the land revert to the estate of its original owner, Arnold Bradley.

Muchanga Investments Limited had filed a suit challenging rival ownership claims by several entities. These included Telesource.com, associated with former National Social Security Fund (NSSF) managing trustee Joseph Milimu Konzolo, alongside Habenga Holdings Limited and Jina Enterprises Limited.

Former Vice-President Moody Awori had previously testified before the court regarding the acquisition of the prime asset. He stated that Muchanga Investments Limited purchased the land in February 1983 from Barclays Bank of Kenya, which acted as the executor of the late Bradley's estate.

According to court filings, the firm subsequently used the land title to secure a loan facility of Sh10.5 million for Da Gama Rose Investments Limited. The charge was later discharged upon full repayment of the credit facility, after which the legal documents were returned to the company.

The legal battle over the Prime Land Reference Number 3586/3 has spanned over a decade in the Kenyan court system, marked by conflicting title deeds, complex subdivisions, and counterclaims from multiple developers.

By setting aside the earlier High Court directive, the Court of Appeal brings an end to the protracted legal battle over one of the most expensive undeveloped tracts of real estate in the capital city.