Sylvia Durani Richardson, a Briton who had lived in Kenya for over half a century, died in 1994, just when a storm over vast land she had sold in Nyeri was building up.
She sold the property in 1984 to two parties who were in good terms but who have since fallen out over a vicious tussle for ownership of the land now estimated to be worth Sh1bn.
The dispute between a former MP and a farmers’ company that boiled over in 1996 eerily echoes the Njiru land feud in Nairobi involving the Gerishon Kirima family where thousands of homeowners fought eviction in court.
The sprawling property is situated east of Nyeri municipality along Nyeri-Nanyuki road.
Sylvia and her husband, Derek Charles Richardson, moved to Kenya in 1947, and holed up throughout the state of emergency as the Mau Mau waged a rebellion against the British.
It was the second time Sylvia, who was nicknamed “The Afghan Princess” due to her Afghan heritage, was having a second chance at a love, with a whirlwind romance in Kenya.
Her heart had been crushed during a previous sojourn here.
She first came to Kenya in 1931 with a film company, married Lt. Commander “Punch” Temple but their union collapsed after a few years.
Equal annual installations
She later married Col Richardson, and the couple flew to Kenya and settled on the farm. But it had not always been their property.
Colonial authorities had first granted Jack Kingdom, a coffee farmer, the 257 acres in Nyeri for a 999-year lease that was to run from April 1, 1930 to April 1, 2929.
The fee for the land reference number 7061 was Sh19,000.
Kingdom paid Sh1,900 upfront and the balance of Sh17,100 was to be paid in nine equal annual installations of Sh1,900.
The property would change hands several times. The last landowner was Sylvia who had inherited the vast farm following the death of her husband Ella Richardson.
He died in 1975 and the land was transferred to Sylvia in August 1980.
Sylvia, who had no children, continued to live on the farm with her step-daughter-in-law, June. Sylvia died in 1994 aged 85.
However, Sylvia had in 1983 offered her former employees a chance to buy the land on which they were squatting. From the entire block of 257 acres, she had retained 50 acres that included the main house, guest house and other outbuildings.
Therefore, up for sale were 207 acres. The purchase price was Sh1 million.
But the prospective buyers didn’t have the money. Instead, they had approached their area MP, Mr John Nderitu Githua, who undertook to buy the land on their behalf. Mr Githua served as Nyeri constituency MP between 1978 and 1988.
The only condition was that the buyers would-be register a company and grant him an irrevocable power of attorney.
This statutory agreement would give Mr Githua absolute powers to transact on the land on behalf of the company until he had recovered his money. Thirigitu Farmers Company Limited was registered in 1983.
Thereafter, Sylvia and Thirigitu closed the deal bankrolled by Mr Githua, according to a sale agreement dated October 1, 1984.
On July 9, 1987, Thirigitu — represented by two directors, Mary Wamuitha and Paul Kubai — and Mr Githua also signed another agreement witnessed by an advocate, Kembi Gitura, which reflected the commitments by both parties.
As at April 24, 1987, Mr Githua had paid Sh537, 276 and had arranged to pay the balance of Sh462, 724 “in good time to complete the sale in favor of the company.”
The agreement required Thirigitu to give a power of attorney to Githua, enabling him to exercise the rights of a registered owner of the property.
Thirigitu was barred from actions that would prejudice Githua who had paid the money to Sylvia. But Githua, too, was to allow shareholders of the company to purchase the land.
Once the transaction was completed, the title deed was transferred to Thirigitu. The ex-employees were to be shareholders of the company and were to purchase land from the company through Githua, who, by virtue of his holding a power of attorney, was to be the sole transferor of the property. The company and Githua were to set the price per acre.
Shareholders
“The power of attorney aforesaid shall remain irrevocable to the extent that once condition 4 here above has been satisfied and the shareholders are not in a position to purchase any further portions of the property from the company (which shall be decided at the company’s general meeting , whether annual or special), then Githua shall be at liberty to transfer such balance of the property as there shall be into his name. Such transfer shall automatically end this agreement,” it stated.
On January 19, 1993, a meeting between Thirigitu — Mr Kubai and Ms Wamuitha were present — and Mr Githua, with Mr Simon Thuo Muhia, representing the law firm, resolved four issues.
Registration of the power of attorney, approval of sale of 25 acres out of Mr Githua’s share in the land, company directors to deposit the titles with the law firm and all parties to reach final agreement with regard to sub-division of the remainder of the land by February 10, 1993.
That Thirigitu members didn’t have financial muscle to purchase the property from Sylvia is not disputed. And both parties also agree that Mr Githua financed the transaction.
“The would-be subscribers and members of Thirigitu Farmers Company Ltd had no money to pay the purchase price and requested me to pay on condition that they would transfer the whole land to me and in return I would sell a portion of the land to them at a price I would agree with them,” Mr Githua stated in court papers dated November 2, 1996, as the tussle over the property raged.
Ms Wamuitha, Secretary of Thirigitu, concurred in a replying affidavit dated December 27, 1996.
“Most members of the company at the time of entering the agreement were not able to raise funds for the purchase of the farm. We approached the plaintiff who was our then member of parliament for assistance,” Ms Wamuitha acknowledged.
The original subscribers of the company were Christopher Gachari Githaiga, Stephen Mugo Mutothori and Simon Maina.
But while both parties agree on how the transaction was initiated and that the deal was closed — was why Sylvia surrendered the land — they have differed on the payment schedule and, ultimately, ownership of the vast land.
According to the former MP, he eventually paid the Sh1 million through Kembi & Muhia Company, the advocates of Thirigitu who subsequently paid Day & Figgis who represented the land seller.
On December 2, 1991, Kembi & Muhia advocates drew papers to transfer ownership of the property from Sylvia to Thirigitu.
Thereafter, Mr Githua said, Thirigitu issued him with the irrevocable power of attorney, which was registered on January 27, 1993.
However, 10 years after paying for the land and without the refund from Thirigitu, the ex-MP fell into hard times. His house in Nairobi was due to be auctioned.
To salvage the property, the former legislator, in April 1994, hived off 25 acres and sold to Mr Nderitu Wachira.
Safe keeping
Mr Thuo Muhia of Kembi & Muhia advocates wrote to the chairman of Thirigitu on April 5, 1994, confirming the transfer of the portion.
“The original title has been returned into our custody for safe keeping,” the letter concluded.
However, the following year, Mr Githua said he noticed suspicious activities around the land.
One director of Thirigitu on July 28, 1995, protested, registered “a purported revocation of the power of attorney” — a development that is now the subject of a separate probe.
In the same year, the company directors wrote to Kembi & Muhia Advocates, custodian of the original title, seeking release of the document to facilitate subdivision of the land for allocation to buyers.
Unable to secure the document, officials of Thirigitu piled pressure through the Nyeri provincial administration.
On October 19, 1995, the Nyeri District Commissioner wrote to the law firm but Kembi & Muhia Advocates responded on November 8: “We are not holding any document relating to LR 7061/1.”
The flurry of correspondence from the DC’s office continued but the title deed was never furnished.
Another curious development worried Mr Githua even more.
On December 20, 1996, a notice was published in the Kenya Gazette on the issuance of a provisional certificate with respect to LR No 7061/1 since “sufficient evidence has been adduced to show that the said certificate of title has been lost.”
Mr Githua, in an affidavit dated February 23, 1999, protested that he had learned Thirigitu had obtained a provisional title after swearing an affidavit to the effect that the original title had been lost.
He told court that after acquiring the provisional title, the company had subdivided the disputed property and was processing new titles.
“I am informed by my advocate on record that it is contempt of court to acquire another title which is source of this suit after it has been deposited in court,” Mr Githua swore.
He referred to an order by Justice S Amin on July 29, 1997, requiring that custodians of the original title deed deposit it with High Court Deputy Registrar Karanja Kinyanjui pending resolution of the ownership row.
“It is criminal to obtain another title document if the original document has been deposited in court and to acquire another document is an abuse of the court process,” the former legislator added in court papers.
Mr Githua alleged collusion between the Chief Land Registrar and Thirigitu. The matter is under criminal investigation.
25 acres
But Ms Wamuitha insisted the former MP only paid Sh537, 276 and that Thirigitu members paid the balance of the purchase price by December 1988. The company was to refund Mr Githua Sh240, 800 and trade off the balance with the 25 acres the former MP had sold.
“The power of attorney, we were made to understand by the plaintiff (Kembi and Muhia advocates) and the second defendant (Mr Githua), that we were executing the same for the purpose of enabling the second defendant to transfer his portion of 25 acres to a third party namely Nderitu Wachira after which the plaintiff would deliver the title to us or retain it on our behalf,” Ms Wamuitha countered in court papers.
There was yet another tragic twist to the unfolding saga. The former lawmaker was killed at his home in Nyeri on December 6, 2009. He was 62. A neighbor herding cattle near his house discovered his body on a sofa covered with a blanket.
The cause of death was determined as severe chest injury (multiple rib massive haemothorax due to trauma). A man tried for his murder was later acquired for lack of evidence.
Following the death, his widow, Margaret, and daughter, Diana, the administrators of his estate, took over the fight for the property.
On April 21, 2022, the duo wrote to the Directorate of Criminal Investigations headquarters seeking investigations into the circumstances under which the provisional title was issued.
They were asked to record statements at Nyeri DCI offices. But more than a year later, there were no further developments. They wrote another letter to the DCI on August 15, 2023 protesting at the delays.
The two also filed a fresh civil suit at the Nyeri Environment and Land Court in 2018.
The matter has never proceeded to be heard.
The 1996 case was at an advanced stage at the High Court in Nairobi before it was transferred to Nyeri.
Laichena Mugambi and Ayieko Advocates representing the Githua family have written to various law firms that have in the past handled the matter, asking for the original title deed to be deposited in court pursuant to the court order of July 19, 1997.
Their application is scheduled for hearing on May 20, this year. The big question is who is the legitimate owner of the property? Where is the original land title deed No 7061/1? Are there unsuspecting land buyers who are already entangled in the suit property? What is their fate?
