NAIROBI Kenya July 16 -Nairobi-based businessman Adiweli Aden Duntow has been accused of fraudulently transferring a property worth hundreds of millions of shillings in Eastleigh, Nairobi.
Duntow, who unsuccessfully ran for the Garissa Township Parliamentary seat in the August 2022 polls is said to have acquired the property jointly owned by administrators of Estates of Esther Nungari Kuhuithia, Estate of Gakuya Waweru and Estate of Peninah Warura Mwangi, all deceased.
The deceased persons are however 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 complainants accuse Duntow of conspiring to fraudulently acquire the property by falsifying documents, forging land rates payment documents at the Nairobi county.
He is also accused of conspiring with 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 entering the parcel of land.
They have also prohibited from interfering with the said property or the buildings and structures thereon and or their tenants pending the hearing and determination of the case.
Justice Angote on July 13, 2023 ruled that the application be heard on July 25.
“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 Gakuya, 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.
According to court documents, the registered owner of the L.R No. 36/VII/344, which has now been 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 Gicho and Waweru and later after their spouses’ deaths, the plaintiffs succeeded them as administrators of their said respective estates of the registered owner.
The documents filed in court by applicants’ lawyer, Maina Muiruri and Company Advocates.
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.
Want to send us a story? Contact Shahidi News Tel: +254115512797 (Mobile & WhatsApp)
