(Nairobi) – Former Nairobi Governor Mike Sonko has secured a significant legal victory in a dispute over a prime parcel of land in Nairobi’s Upper Hill area. The ruling dismissed claims by Rajkosmag Company Limited, which had sought ownership of the land, paving the way for a company associated with Sonko to retain its title.
Justice Oguttu Mboya, presiding over the case, ruled that Rajkosmag Company’s claim to the property was invalid. The firm alleged it had purchased the land in 2003 but failed to meet the terms of the agreement and complete payment within the stipulated time.
Rajkosmag had sought to nullify a title deed issued to Premix Enterprises Limited, a company linked to Sonko, and accused Kenya Railways Corporation and its Staff Retirement Benefits Scheme of failing to transfer the property to them. The firm further alleged collusion with officials from the Ministry of Lands to block the transfer.
The court, however, dismissed these claims as legally unsound. Justice Mboya stated, “The reliefs sought by and on behalf of the plaintiff are not only misconceived but also legally untenable. In any event, a court of law cannot be called upon to lend its authority towards enforcement of an illegality.”
Sonko testified that the land was leased to the Sonko Rescue Team (SRT) by Premix Enterprises Limited and that SRT has been occupying the property since 2017. He added that his company acquired part of the property through a competitive bidding process initiated by the Railways retirement scheme, where his firm emerged as the highest bidder.
Rajkosmag’s director, Rajab Kipkoskei Magut, argued that the land was valued at KSh 16.5 million and that he had paid a deposit of KSh 3 million. However, the judge found that the firm failed to honor the contract terms within the required 60 days.
Justice Mboya emphasized that the agreement relied on by Rajkosmag lacked critical approvals, including consent from Kenya Railways’ board of directors and the Treasury Cabinet Secretary. He further characterized the company’s documentation as fraudulent.
“This documentation constitutes blatant fraud,” the judge remarked, concluding that the claims made by Rajkosmag were void from the outset.
Table: Key Case Details – Judge Dismisses Fraud Claims in Upper Hill Land Case
| Issue | Rajkosmag Claim | Court Findings |
|---|---|---|
| Land Ownership | Claimed purchase of Upper Hill land in 2003. | Failed to fulfill payment terms; invalid claim. |
| Title Deed Dispute | Sought cancellation of Premix Enterprises’ title deed. | Deed legally held by Premix Enterprises. |
| Alleged Fraud | Accused Kenya Railways and Ministry of Lands officials. | Claims dismissed as unfounded and fraudulent. |
| Sonko’s Defense | Land leased to Sonko Rescue Team in 2017. | Supported by evidence; bid process confirmed. |
| Legal Outcome | Requested ownership and reliefs. | Case dismissed entirely. |