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Nginyo Kariuki: The tycoon who loved the court duels

Like in business, he had a colourful sports career as one of the Kenyan pioneer golfers.

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by GORDON OSEN

News27 February 2020 - 20:00
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In Summary


  • • The businessman who owned Nginyo towers in Nairobi was born in 1938 in Githima in Ndumberi sub-location where his late father, Kariuki Ikonya lived.
  • • The third born of a family of seven children – two girls and five boys, Nginyo died on Monday at Agha Khan Hospital where he has been receiving treatment

Nginyo Kariuki was a battle-hardened man who used both the courts and political scheming to outwit his rivals. 

During a trip to his properties in Mombasa last year, he found a concrete perimeter wall erected on one of his plots.  He dashed to Nyali police station in protest.

Court records show that in the course of the investigations, Nginyo was shown a sale agreement purportedly signed by him.

There was also a transfer document dated July 8, 2005, showing that he had sold the piece of land to Abdulaziz Balala for Sh2.4 million.

 

"He denied ever selling the land and contend[ed] that the signatures in the sale agreement and transfer are forgeries. He further contends that the identity card used in the transfer is not his," the judgement reads.

Nginyo did not only want his land back but also wanted Sh25 million for fraudulent deprivation of the land.

The defendant never turned up in court despite being served through advertisements in the national dailies.

High Court judge Sila Munyao, rendered judgement in Nginyo's favour. 

But this was not the only one of his court battles, especially those involving land.

In 1994, as a farmer and political leader, Nginyo Kariuki sued to stop the then Kiambu County Council from excising a part of Kamiti forest.

He complained that the development would unnecessarily destroy the forest, which was part of trust land. 

Nginyo argued that as a farmer and opinion leader, he had the right to speak out in public interest and that the High Court needed to stop the development.  

 Judge Moijo Ole Keiwua dismissed the application on the grounds that, among others, Nginyo had no right to bring the matter court.

That ruling has been cited by scholars as an absurd example of how local politics influence judicial decisions. 

 
 

".. he had no locus standi in the matter to be in a position to complain of the acts of the 1st. Respondent. Equally, as a farmer or environmentalist, the Local Government Act or the Trust Land Act has not given him any locus standi to complain," the judge ruled.

In another court case, in 2010, the wealthy businessman sued a property development company - Green Plots Properties - run by George Ndegwa.

He claimed that the company fraudulently dispossessed him of his plot of land in Ongata Rongai, Kajiado county. He bought the parcel from his sister, he said. 

Banking giants Barclays Bank and KCB were not spared in the suit. He said in court papers that the property company had involved them in defrauding him.

Listing 25 individuals as respondents, the tycoon used newspapers, just like the Mombasa land case, to alert them of the pending court fight. 

The businessman who owned Nginyo towers in Nairobi was born in 1938 in Githima in Ndumberi sub-location where his late father, Kariuki Ikonya lived.

The third born of a family of seven children – two girls and five boys, Nginyo died on Monday at Agha Khan Hospital where he has been receiving treatment. 

Like in business, he had a colourful sports career as one of the Kenyan pioneer golfers.

He wrote on his website that he "pioneered amateur and professional golf for indigenous Kenyans by setting up the first Golf Club that catered for indigenous Kenyans, Ndumberi Golf Club."

"Rising from a caddie, I propelled African golfers to the level of professional standards where I pioneered Kenya’s participation in regional and international golf tournaments with exemplary performances," the site reads. 

But despite the illustrious success in the two fields, Nginyo's had no luck in politics. He vied in Kiambaa constituency and failed. In 2018, he vied for Kiambu Senate seat and failed again. 

He, however, actively took part in the struggle for multi-partysm in the 90s.

Nginyo is also credited with the formation of The National Alliance Party which President Uhuru Kenyatta used in 2013 to clinch power.

(edited by O. Owino)

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