ICT Cabinet Secretary William Kabogo has suffered a major legal setback after the Court of Appeal overturned a High Court ruling in a high-profile land ownership dispute.
The appellate court reversed the High Court’s dismissal of a case alleging that Kabogo unlawfully acquired land in Runda from his uncle, Kimani Kabogo. The disputed property is reportedly designated for a multi-billion-shilling real estate development.
A panel of three judges—George Odunga, Aggrey Muchelule, and Abidah Ali Aroni—ruled in favor of Kimani, stating that the High Court had erred in dismissing the lawsuit.
They directed that the case be reheard by a different judge, replacing Justice Lucy Gacheru, who had originally struck out the case.
"After reviewing the arguments presented, we find sufficient grounds to support this appeal. We, therefore, overturn the previous ruling and direct that the case proceed for a full hearing," the judges stated.
The dispute stems from allegations that Kabogo sold prime Runda land without his uncle’s approval, despite an understanding that the properties were being held in trust.
Court documents indicate that Kimani originally registered the land in his name in March 1998 and later used it as collateral for loans from NIC Bank and ICDC. When financial struggles prevented him from servicing the loans, he turned to his nephew for help.
Legal records reveal that in September 2000, Kimani, facing the threat of a public auction, sought Kabogo’s help to repay a loan from NIC Bank to save key parcels of land. Additional financial assistance was provided in 2003 when another property faced auction by ICDC.
Following the appellate court’s ruling, the case will now be retried, with new proceedings set to determine whether Kabogo fraudulently acquired the land.
