Escalating land controversy surrounding a wealthy individual: Accusations of fabricated Will fueling conflict
In the coastal region of Kwale, a long-standing land dispute has resurfaced, following a recent court ruling that overturned a decision made in April 2022. The contested property, a 53-acre prime parcel of land, has been at the centre of a legal battle since May 2021.
The initial court ruling, handed down by the Environment and Land Court in Kwale, granted ownership of the land to three occupants. However, this decision has now been set aside, effectively reverting the land dispute back to its original state and reopening arguments on the validity of the will and the claim of adverse possession.
Adverse possession, a 12-year rule anchored in Section 7 of the Limitation of Actions Act (Cap 22, Laws of Kenya), allows for the acquisition of property rights through long-term, open, and notorious possession, under the presumption that the true owner is aware of the occupation and has failed to assert their rights.
The three men, who were in the process of taking ownership, found themselves in a stalemate when Guy Spencer Elms and Nileshkumar Shah moved to court seeking to set aside the 2022 decision. Elms and Shah are named in the contested Will as joint executors of the estate, and Elms is currently under investigation by the Directorate of Criminal Investigations (DCI) for allegedly forging the Will of billionaire Pritam Singh Panesar.
The DCI's forensic unit has found inconsistencies between the signatures on the Will and those on Panesar's national identity card. Emmanuel Karisa Kenga, an independent forensic examiner, also found a "glaring mismatch" between Panesar's signatures.
The investigation also implicates Wilson Gichuhi, a former police officer, and Henry Philip Nyabuto, who admitted to preparing a fake Green Card to aid the illegal acquisition of the disputed Kwale property. Gichuhi is alleged to be involved in the illegal takeover of the property alongside Elms and Shah. Nyabuto reportedly facilitated the process at the request of Spencer Elms.
In overturning the earlier decision, Justice Dena acknowledged the executors' valid grant of probate and confirmed they qualified as legal representatives under the Civil Procedure Act. The court also noted that the suit was filed in 2021 against a person who had died three years earlier, meaning there was no competent defendant before the court.
The judge further directed the Kwale Land Registrar to register the property in the names of the three plaintiffs as proprietors in common. The Kwale District Land Surveyor was also directed to inspect the property, confirming the existence of three houses, two boreholes, and mature trees on the land.
However, the controversies surrounding the ownership of the prime parcel of land persist. Opportunistic herders and squatters have slipped in, using the vast land for grazing and makeshift shelters since the stalemate began. As the legal battle continues, the future of the disputed Kwale property remains uncertain.
Read also:
- Impact of Alcohol on the Human Body: Nine Aspects of Health Alteration Due to Alcohol Consumption
- Understanding the Concept of Obesity
- Lu Shiow-yen's Challenging Position as Chair of the Chinese Nationalist Party (KMT) Under Scrutiny in Donovan's Analysis
- Tough choices on August 13, 2025 for those born under Aquarius? Consider the advantages and disadvantages to gain guidance
