The Sh1.5B land case involving Deputy President Rigathi Gachagua and a former lands official failed to kick off on Wednesday after the court was informed parties are engaged in an out-of-court settlement.
Gachagua's lawyer Moses Kisilu told Justice Joseph Mboya they had engaged in an alternative dispute resolution mechanism.
Kisilu holding brief for Advocate Philip Nyachoti said there is a consensus that the case be pushed to a later date pending the talks.
The Attorney General through state counsel Allan Kamau also sought to have the matter adjourned saying he was engaged in a different case before the Narok Law Courts.
But Ohas through Lawyer Moses Owuor protested to have the case adjourned but said the intended out-of-court settlement was indicated on Monday this week by Gachagua's lawyer.
The Judge in his ruling allowed Gachagua's request and implored the parties to have witnesses ready in the event the talks are unsuccessful. The DP is one of the witnesses in the case. The matter was pushed to October 31.
In the case, both Gachagua and Ohas are laying claim to the property and have gone to the extent of producing witnesses to swear that they each acquired the property in a legitimate manner.
Ohas is a former director of physical planning in the Ministry of Lands.
He is also the director of Colombus Limited. The DP has accused him of taking advantage of his position while at the Lands office to tamper with records in a bid to rob him of the property.
He has presented three witnesses from the Ministry of Lands all affirming that Gachagua who is the MD of Wamunyoro Investments Limited is the real owner.
One of the witnesses David Nyandoro has gone further to ask the court to cancel the title issued to Columbus terming it as fake.
Nyandoro explains that the first grant was issued to Peter Nduati and Karandi Farm on December 31, 2002, but was later reported missing.
On June 18, 2012, the property was transferred to Wamunyoro for Sh 24 million.
Nyandoro said that though Gachagua’s company had the title, another lease title was created on September 11, 2019, and issued to Columbus.
The lease was for a term of 99 years with effect from February 1994 at an annual rent of Sh138,400.
Professor Gordon on the other hand, has sworn an affidavit in support of Michael Ohas and Columbus Limited.
Having drawn the Deed plan, the professor says that the suit property was procedurally and regularly allocated and registered in Columbus's favour.
He has refuted the evidence of Gachagua's 3 witnesses and asked the court to recognize Ohas as the real owner.
He says he was the instructed surveyor and personally undertook the survey of the land.
He claims Ohas was the first person to be issued with allotment letters for the suit property by the government.
His reasons for believing that Wamunyoro obtained the documents illegally are based on the fact that Columbus has been diligently paying for the land rent.
