Nairobi based businessman Adiweli Aden Duntow who unsuccessfully ran for the Garissa Township Parliamentary seat in the August 2022 polls is embroiled in a property row worth hundreds of millions situated in Nairobi’s Eastleigh area with Kiambu based investors who accuse him of fraudulently transferring the property to his name.
The property in question is jointly owned by administrators of Estates of Esther Nungari Kuhuithia, Estate of Gakuya Waweru and Estate of Peninah Warura Mwangi, all deceased but represented by James Godfrey Wachira, David Waweru Gakuya and David Mburu Mwangi respectively.
In a joint suit filed before the Milimani Environment and Land Court by the administrators of the Estates, Duntow has been sued as the first respondent while the Nairobi County government and the Chief Lands Registrar have been listed as second and third respondents respectively.
The plaintiffs accuse Duntow of conspiring to fraudulently acquire the property by falsifying documents, forging land rates payment documents at the Nairobi county, conspiring by unknown people to evict tenants of the plaintiffs and planning to demolish rental development units on the disputed parcel of land.
Environment and Lands Court Presiding Judge Justice Oscar has since issued orders barring Duntow, the Nairobi county government and the Chief Lands Registrar from jointly and severally, by themselves, their agents and or employees from entering the applicants’ parcel of land.
They were also prohibited from interfering with the said suit property or the buildings and structures thereon and or their tenants pending the hearing and determination of the case.
“It is hereby ordered: (1). That the application be heard on July 25, 2023, (2). That the prayer number two be granted until July 25, 2023.” An order by Justice Angote dated July 13, 2023 reads in part.
“On or about July 10, 2023, I made a rates bill enquiry to the Nairobi City County rates of department and was shocked to learn that Adiweli Aden Duntow, the first defendant who is a stranger to the estate of the deceased had fraudulently caused his names to be entered as the owner of the suit property in the rates department of the second defendant (Nairobi City County).” David Waweru Gakuyta, the administrator of the Estate of Gakuya Waweru says in his affidavit.
The suit property or title number L.R No. 36/VII/344 which has since been allegedly been converted to Nairobi Block 50/627.
“The registered owner of the L.R No. 36/VII/344 (now converted to title number: Nairobi Block 50/627 was Mwangi Gicho, Gakuya Waweru and Nungari Kuhuithia who are all deceased. They were later succeeded by their spouses for the 1st and 2nd owners and later after their spouses’ deaths, the plaintiff succeeded them as administrators of their said respective estates of the registered owner.” Documents filed in court by applicants’ lawyer, Maina Muiruri & CO Advocates reads in part.
According to records, the alleged irregular conversion of the tile was done vide a Kenya Gazette notice number 9858 Vol.CXXIII-No. 195 dated September 21, 2021.
“I together with the 1st and 2nd plaintiffs were informed by our tenants that the 1st defendant (Adiweli Aden Duntow) or his agents had come to the property and informed them to vacate as he had purchased the property and he wanted them to move out so that he could demolish the building.” Mburu, the 3rd plaintiff and administrator of the Estate of Peninah Mwangi says in an affidavit.
The succession of the joint estates had been done and respective certificates of confirmation of grants issued.
