It is a sigh of relief for Kirinyaga Governor Anne Waiguru after the courts ruled in her favour in a protracted dispute over the ownership of KSh200 million house located in Kitisuru, Nairobi.

A court on Thursday, February 19 issued an order of specific performance against Kihingo Village (Waridi Gardens) Ltd to complete the sale transaction of House 1D to Governor Waiguru within 30days of the judgment.

The court has also issued a permanent injunction restraining Kihingo Village (the defendant) from interfering with the Governor’s quiet possession of the property, or alienating it to third parties.

The dispute is pitting Governor Waiguru against city lawyer Chris Kabiro, who is also claiming ownership of the upmarket estate. Lawyer Kabiro, in court documents, had described the county boss as an unlawful tenant.

⁠But the court has dismissed the rival claim to the property by the city lawyer and observed it would be unjust enrichment in view of his consent order where he agreed to receive KSh130 million from the defendant (Kihingo Village). The counter-claim by Kihingo Village in the matter has also been dismissed with costs.

What happened?

It is reported that Waiguru purchased the property from Kihingo Village Ltd on September 25, 2015, for KSh80.6 million. She paid KSh40.6 million leaving a balance of KSh40 million.

The property’s value has since appreaciated to an estimated KSh200 million.

At the time she purchased the house, it had been allocated to Lawyer Kabiro.

The lawyer had argued that at the time Waiguru purchased the house, a court order barring Kihingo Village from selling, alienatingt, transferring, charging or tampering with the property had been issued.

It is due to this order, issued by Justice Erick Ogola on December 5, 2012, and confirmed on December 5, 2013, that the lawyer argued the house was not available for sale or alienation to Waiguru.

The lawyer, therefore, wanted the court to issue an eviction notice to Waiguru. He further acknowledged that Waiguru was a victim of an illegal transaction, whom courts cannot protect.