A business woman picked by Nairobi Governor Mike Mbuvi Sonko as possible replacement for Polycarp Igathe as the county deputy governor today failed to produce witnesses in court to prove that she did not forge documents used to grab a prime property in the city’s Karen Estate.
Justice John Onyiego who is presiding over the case was forced to postpone the case to next month because the matter could not be heard without the witnesses.
In the civil case at environment and land court, Agnes Kagure Kariuki is accused of forging documents to grab belonging to the white business partner of doyen of Kenya’s multiparty politics Kenneth Matiba.
Investigations conducted by this news site shows that Kagure is part of a syndicate of shady businessmen connected Jubilee who in 2014 started to grab pieces of land owned by deceased White Kenyans in posh Nairobi estates of Karen and Lavington.
Matiba’s business partner
In the case before justice Onyiego, Kagure grabbed a piece of land valued at Sh900 million in Karen belonging to the estate of the late Roger Bryan Robson who died in 2012, and which grabbers with political connections have tried to take over five times.
Roger Bryan Robson was a business partners to multiparty politics doyen Kenneth Matiba with whom they had controlling shareholding in medical gas packer Carbacid.
In 2015, Guy Elms Spencer who is the executor of Roger’s will narrated the sequence of events after Kagure took over the land and painted a picture of a woman who the police cannot touch.
In January 2015, Spencer was notified that some people had erected a fence on the land and had also started to build a toilet on it.
On inquiry, he learnt that Kagure was behind the construction claiming to have bought the land from Rogers.
Spencer learnt that he was not dealing with an ordinary land grabber after he reported the grabbing to Hardy police station in Karen.
To his surprise, the police did not take any action to stop the trespassers forcing him to rush to court.
But the court action led to further display of impunity by Kagure after she declined to honour all orders from courts to vacate the property.
In defiance, Kagure continues to sit on the land. In July 2015, Justice Mutungi sitting at the Milimani land court again ordered Kagure vacate the Karen Property and that no party should remain in the said property. Mutungi also ordered that the OCS at Hardy Police Station should ensure compliance with the court order.
Kagure is in possession of a title deed which Spencer says is forgery.
Despite the issuance of the court order, Kagure has never vacated for the land in question while the police station has not attempted to enforce the judge’s order.
The second property is Pittaway Flats on Ralph Bunche Road, in Upper Hill area of Nairobi. The property located near Nairobi Hospital is owned by a company known as Plovers’ Haunt Limited and consists of six flats which are rented out.
And her appetite for grabbing property in the city does not start or end with the Karen land.
Last year, the same court stopped her from interfering with a piece of land he had grabbed through forgery from one Joel Munene.
Evidence we have seen shows that accusations of forgery are not confined to her illegal land dealings.
Last month a Thai University threatened to take legal action against for forging its academic certificate.
In a letter we have seen, Chiang Mai University says Kagure has never been a student at the university.
“Therefore if there is an academic certificate possessed by the individual, it should be treated as a forgery. The university will not hesitate to take legal action against individuals posing forged academic certificates from the institution,” said the university.
Kagure’s politically connected land grabbing syndicate included Thomas Murimi Mutaha and Peter Wallace Gaitho. Mutaha and Gaitho are in possession of falsified company documents used to grab another property owned by Matiba’s business partner in Upperhill.
Partners in crime
They claim to be directors of the company that owns the property whereas the true directors of Plovers’ Haunt Limited as per an official search from Companies Registry are Guy Spencer Elms and another while the shareholders are the Estate of the late Patrick Beaumont Robson and the Estate of the late Betty Fairfax Robson.
Despite Spencer reporting the fraud at Kilimani Police Station, the fraudsters have not been arrested nor have the trespassers been arrested nor evicted.
Mutaha and Gaitho have continued being in possession of the Upperhill Property despite the pre-existing court order issued in March 2015 by the Honourable Lady Justice L. Achode sitting at the High Court at Nairobi in a Roger’s succession case confirming Spencer legal powers to deal in Upperhill Property as the executor of the deceased’s will.
Spencer says Mutaha and Gaitho also collect the rent from the tenants of Pittaway Flats and intimidate them by threatening eviction for non-payment of rent.
“They have also gone further to issue the tenants with a notice purportedly from the Nairobi County to the effect that if the premises are not kept in a presentable manner all tenants will be evicted for renovation of Pittaway Flats thus threatening to evict them,” says Spencer narrated to this writer in 2015.