Waiguru fights lawyer over ownership of her Kitisuru home
Kirinyaga Governor Anne Waiguru is locked in a vicious court battle with lawyer Chris Kabiro over the ownership of her multimillion shillings Kitisuru home.
The transaction for the purchase of Waiguru's Kitisuru home, situated at Waridi Gardens, has run into fresh legal complications.
The Kirinyaga governor bought the property from Kihingo Village Limited on September 25, 2015, for Ksh80.6 million. (The property now has an estimated sale value of Ksh200 million).
Waiguru paid Ksh40.6 million and was left with a balance of Ksh40 million to clear.
In two letters dated December 19, 2018, Kihingo Village Chief Executive Officer Ndung’u Gethenji confirmed to Waiguru receipt of Ksh40 million and indicated that the balance was to be cleared by way of mortgage.
The Kitisuru property had been allocated to lawyer Chris Kabiro at the time Waiguru was buying it from Kihingo Village Limited.
Contempt of the court
Kabiro had successfully petitioned the court to block Kihingo Village Limited from selling the Kitisuru property at the time it was being sold to Waiguru.
The court order barring Kihingo Village Limited from selling the Kitisuru property was issued by Justice Erick Ogola on December 5, 2012, following a suit by Kabiro. The order was confirmed on December 5, 2013.
The order barred Kihingo Village Limited from selling, alienating, transferring, charging, or tampering with the property.
Kihingo Village Limited went against the court order and sold the Kitisuru property to Waiguru.
Lawyer Chris Kabiro now wants to court to issue an eviction notice to the Kirinyaga governor.
According to Kabiro, the house was not available for sale or alienation to Waiguru and therefore he wants the court to dismiss a case she filed seeking to compel Kihingo to complete the sale transaction.
Kihingo Village Limited is now caught between a rock and a hard place as completing the transaction requested by Waiguru would amount to contempt of the court order forbidding the sale of the property.
Waiguru was aware
Kabiro, in his affidavit, states that at the time of the sale of the disputed property to Waiguru, Kihingo Village Limited was also aware of the existence of the court order, which was given in the presence of their lawyers and after a protracted hearing.
Kabiro further acknowledged that the Kirinyaga governor was a victim of an illegal transaction but nevertheless noted that the court could not protect victims of illegal transactions.
“Waiguru is a victim of an illegal transaction but a court of law cannot give cover to such victims of illegal transactions,” Kibiro, who is an interested party to Waiguru’s suit, said in his affidavit.
He added that Waiguru was aware of the initial court orders restraining the sale of the Kitisuru property.
“Waiguru is presumed to have known of the existence of the court order since the ruling from which it emanated was reported in the website www.kenyalaw.org,” Kabiro stated.
The case will be heard on November 22, 2022.
How Kabiro acquired the property
Lawyer Chris Kabiro was allocated the Kitisuru property in compensation for legal fees since he was the lawyer for the development project in 2007.
He was allocated House Number 1D and a sale agreement dated November 25, 2007, was entered into between him as the purchaser, Wagema Ltd as the registered owner of the land parcel, and Kihingo Village Limited as the seller.
