KCB Lands a Knockout Blow to Uhuru’s Cousin Kungu Muigai in Sh4bn Land Dispute
The Court of Appeal has rejected a bid to revisit a long-standing dispute concerning the auction of a 443-acre coffee farm in Thika, belonging to Kungu Muigai, a cousin of President Uhuru Kenyatta, putting an end to a 32-year legal battle.
A panel of five judges from the Court of Appeal emphasized that previous legal precedents have established that parties cannot seek to reopen a court judgment solely to rehear the case and obtain a new decision.
Presided over by Justice Asike Makhandia, the bench expressed surprise at Benjoh Amalgamated’s request to reopen a consent already denied by the highest court, questioning why it took the company so long to claim it never authorized its lawyer, Gideon Kaumbuthi Meenye, to represent it.
Justices Makhandia, Kathurima M’Inoti, Sankale ole Kantai, Francis Tuiyott, and John Mativo found the claim dubious given the lengthy duration of the case.
New information
Benjoh Amalgamated requested a review of a previous judgment from a different bench, contending that it had come across new information after the court’s ruling on December 15, 2017, information that was previously unknown to them.
Represented by lawyer Kyalo Mbobu, Benjoh argued that Mr. Meenye, an advocate who purportedly represented the firm in 1992, did not possess a valid practicing certificate at the time when the consent was recorded on May 4, 1992. This, according to them, rendered the consent order and the ensuing proceedings illegal.
On the opposing side, KCB, represented by lawyer Philip Nyachoti, asserted that revisiting the case would be illogical given the existence of other court orders that are currently in force, citing numerous rulings and judgments from various judges to support their stance.
Nyachoti further emphasized that Mr. Meenye has been accessible since 1992, and the matter concerning the execution of the consent was already addressed by the court in a judgment rendered in March 1998.
Trial court
Mr. Nyachoti argued that since Mr. Meenye’s affidavit wasn’t part of the evidence presented to the trial court, it shouldn’t be introduced during the appellate stage, according to his submission.
The judges noted that both parties agreed that the consent in question had been in effect for 26 years at the time of filing the appeal on February 16, 2018, and for 32 years by the time of their verdict.
The court further remarked that the firm seemed to imply that Mr. Meenye suddenly appeared and represented them in court without their authorization, labeling such claims as indicative of dishonesty unsuitable for the legal realm.
Bidii Kenya Ltd acquired the land, now valued at over Sh4 billion, in 2007. However, it wasn’t until March of this year that they successfully ousted Muiri Coffee estate, a company co-owned by Mr. Kungu and his brother Ngengi, based on a 2014 court decree, with police assistance.
Benjoh and Muiri have initiated over 20 lawsuits, seeking Sh2.2 billion in damages from KCB for alleged breach of contract.
KCB Lands a Knockout Blow to Uhuru’s Cousin Kungu Muigai in Sh4bn Land Dispute