A Nairobi court on Friday ordered former Kiambu Governor Ferdinand Waititu to pay a Sh1 million fine over trespass to land.
Waititu was accused of subdividing and selling a 10-acre parcel of land belonging to a company to 200 people, according to The Standard. The property, worth tens of millions and located along Kangundo Road in Nairobi, belonged to Sahihi Housing Limited.
Lands court Justice Samson Okong’o further ordered Waititu to return the title deed of the land while those on the property were given 90 days to vacate.
“I am satisfied that the plaintiff had proved its claim against the defendants and it is entitled to the prayers sought in the plaint. The defendants shall vacate within 90 days failure to which the plaintiff is at liberty to apply for eviction orders,” the judge ruled.
Waititu’s was accused of trespass alongside Joseph Ong’ete, Peter Ochieng, Philemon Oloo, and Naftali Ogolla.
Sahihi director Azim Virjee told the court that he acquired the land from Alpha Fine Foods Limited in 2011 for Sh30 million in 2011 with the intention of building low-cost houses but Waititu invaded the land and put up structures.
“Our agents were ready to commence development when the defendants attempted to repulse them. Despite numerous pleas and demands made to the defendants to stop their act of trespass on the suit property, they have refused, neglected, or failed to comply hence the necessity of the suit,” said Azim Virjee.
Waititu while defending himself claimed Alpha Fine Foods agreed to sell the land to him for Sh15 million and, upon making the deposit of Sh1.5 million, the seller verbally allowed him to move in.
“After I paid a 10 percent deposit, we verbally agreed that I could move in, survey, flatten and subdivide the land into portions for the sole purpose of selling them in order to raise the balance of the purchase price,” Waititu stated.
Waititu skipped subsequent court proceedings neither did he send lawyers to represent him.