Two women tussle with PCEA-associated firm over 40 acres

Agnes Wambui Kiritu and Alice Wangui Mwihaki at the Milimani Law Courts in August 2012. They want a firm to surrender to them 40 acres of land in Ruiru. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The women testified that some time in 2009, it was announced in church that members of the congregation would be assisted to acquire land by Milele Ventures, a company associated with PCEA Kambui in Ruiru.
  • Through separate agreements entered into with the women, the company is said to have agreed to sell some 10 acres to Ms Mwihaki and 50 acres to Ms Kiritu.
  • The land was then being sold for Sh1.5 million per acre but owing to some developments in the area, the price shot up to Sh1.7 million for an acre.
  • The women said they felt short-changed and sued the firm, arguing that the company reneged on their deal after they completed paying the amount.
  • The court directed the company to surrender the 40 acres to the women.

Two women are fighting to have a company associated with the Presbyterian Church of East Africa (PCEA) surrender to them 40 acres of land in Ruiru, several months after obtaining a court order.

Ms Alice Wangui Mwihaki and Ms Agnes Wambui Kiritu sued Milele Ventures in 2010 but it was not until 2014 when the High Court ruled on the case.

ORDER

Even though the two were asking for 60 acres, Justice Lucy Gacheru ruled that they had only proved that they paid for 40 acres.

The matter moved to the Court of Appeal and in May 2016, three judges said the two women managed to identify the property awarded to them and they were entitled to five acres and 35 acres.

The women testified that some time in 2009, it was announced in church that members of the congregation would be assisted to acquire land by Milele Ventures, a company associated with PCEA Kambui in Ruiru.

They bought the idea and each of them secured a loan to purchase a parcel from politician Stanley Githunguri.

LAND

Through separate agreements entered into with the women, the company is said to have agreed to sell some 10 acres to Ms Mwihaki and 50 acres to Ms Kiritu.

Ms Mwihaki said she paid Sh15 million for the land while her colleague paid Sh75 million.

The land was then being sold for Sh1.5 million per acre but owing to some developments in the area, the price shot up to Sh1.7 million for an acre.

The women said they felt short-changed and sued the firm, arguing that the company reneged on their deal after they completed paying the amount.

The court noted that the sale agreements were not completed as envisaged and the parties blamed each other.

Whereas the women accused the firm of breach of the agreements, the company said it was the two who failed to meet their part of the bargain.

PROOF

After hearing the case, Justice Gacheru said they had managed to prove that they paid for 40 acres only.

“However, the plaintiffs have proved payment of some money to the defendant and it has acknowledged receipt of the same. Specifically, the undisputed amounts are Sh8.5 million for PW 1 (Ms Mwihaki) and Sh59 million for PW 2 (Ms Kiritu).

“The defendant is willing to give five acres to PW 1 and 35 acres to PW 2, what it regards as commensurate to the money received,” the judge said.

APPEAL

The women appealed the ruling, arguing that Milele Ventures unilaterally altered the terms of the agreement.

Judges Paul Kihara, Wanjiru Karanja and Festus Azangalala directed the company to surrender the 40 acres to the women.

The two recently moved to the Environment and Lands Court at Milimani, asking the judge to direct the firm to comply with the directive.

“The judgment debtor is still in occupation and possession of the said property and has hence refused to excise, subdivide or transfer the same to the applicants,” reads part of the plaint.

They argue that if not executed, the company might sell the land to other parties.