Nairobi, Kenya – The widow of the late Arthur Kinyanjui Magugu has filed a constitutional petition to reclaim her late husband’s land, which she alleges was stolen by Karura Investments Limited through forgery. This case is poised to become a landmark in Kenya’s legal history, testing the country’s constitutional framework.
Court documents reveal that Ms. Magugu, represented by JM Kariuki & Company Advocates, has presented substantial evidence against Karura Investments Limited, the Chief Lands Registrar, and several key government agencies, including the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), and the Director of Survey.
Karura Investments Limited, represented by Ahmednasir Abdullahi Advocates, claims the case is res judicata, a charge vehemently denied by Ms. Magugu. She states that after her husband’s death in 2012, the family obtained letters of administration in 2016, only to discover that her husband’s land had been allegedly stolen through document forgery by Karura Investments Limited.
The directors of Karura Investments Limited accused of the land theft include:
- Sureshchandra Raichand Shah
- Vipul Babulal Shah
- Deepak Kantilal Shah
- Shashikant Jivraj Shah
- Harunani Suleman Abdulshakur
- Rajnikant J. Shah
- Jitendra Kantilal Deuji Shah
- Vimal Liladhar Shah
- Shashikant Jivraj Shah
- Narendrakumar Manekchand Shah
- Vidhus Investments Limited
- Sureshchandra Raichand Shah
- Shah Prasoon Sureshchandra
- Chhaganlal Depar Shah
- Mureshchandra Kanji R Shah
- Narendrakumar K. Shah
- Kaushik Liladhar Shah
- Hasmukhlal Jivraj Dharamshi Shah
- Rughani Investment Limited
- Sarit Sobhagayachand Shah
- Mahesh Maneklal Rughani
- Estate of Shah Sobhagyachand Vidhu
In 2017, Ms. Magugu, as the estate’s administrator, filed a suit against Karura Investments Limited, but the case was dismissed due to the statute of limitations. This decision was upheld by the Court of Appeal. Undeterred, Ms. Magugu approached the DCI in 2018 to investigate how her husband’s 41.13-hectare land, LR No. 12422/9, was subdivided and transferred to Karura Investments Limited within hours on October 25, 1993.
She questioned how Karura obtained a title for LR No. 12422/319 without any sale or payment and sought proof of Karura’s claim of paying off a Sh36,742,880.05 loan to Stanbic Bank, formerly Gridlays Bank. Despite extensive investigations, the DCI has not concluded the case, and no charges have been brought against Karura’s directors.
Ms. Magugu’s petition now claims violations of her constitutional rights, including the right to fair administrative action and land ownership. She argues that the Ministry of Lands issued a title based on a forged transfer, violating her rights. The Director of Survey is also accused of failing to act on irregular subdivisions flagged earlier.
Stanbic Bank, in a court-filed letter, stated it could not verify the loan payment claimed by Karura Investments Limited. An affidavit from advocate Hasmukhrai Manilal Parekh, who allegedly oversaw the disputed transaction, claims Magugu sold LR No. 12422/319 to Karura Investments, despite Magugu never owning that specific parcel.
Ms. Magugu insists that the DCI’s inaction on the compelling evidence violates constitutional articles on equality, administrative justice, and accountability.