Blow to Joshua Kulei as Court Cancels Land Transfer in Favour of Cove Investments
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In a major legal setback to former presidential aide Joshua Kulei, the Environment and Land Court in Nakuru has nullified a contested land transfer and restored ownership to Cove Investments Limited.
The court ruling, delivered by Justice MAO Odeny on October 15, 2024, effectively stripped Royal Sian Limited, a company linked to the disputed acquisition, of rights to the land parcel Nakuru/Olongai/Phase II/34.
The judgment brings to an end a protracted dispute that had dragged through the courts for over seven years, with Cove Investments maintaining that it had been unlawfully deprived of the property through a series of irregular transactions.
Central to the dispute was the involvement of powerful figures, including Joshua Kulei, who was listed among the respondents in the constitutional petition filed by Cove Investments in 2017.
Kulei, once a trusted aide to former President Daniel arap Moi and a man long associated with large-scale land dealings across the country, now finds himself at the center of a judgment that reaffirms the court’s stance on protecting property rights and upholding the rule of law.
In the detailed ruling, the court faulted the transfer of the land to Royal Sian Limited, noting that the transaction took place while the matter was still pending in court, a clear breach of the legal doctrine of lis pendens, which prohibits the transfer of property under active litigation.
“The transfer of the suit property to the 2nd Respondent, Royal Sian Limited, during the pendency of this case is null and void,” stated Justice Odeny in her verdict.
The court went on to issue firm and consequential orders. The Land Registrar in Nakuru was directed to cancel all entries that facilitated the transfer to Royal Sian Limited and to issue a fresh Certificate of Lease in the name of Cove Investments Limited. The fourth respondent was ordered to surrender the original title deed for cancellation.
Further, a permanent injunction was granted, restraining all the respondents, including Kulei and those associated with Royal Sian Limited, from interfering with the land in question. The court also directed that the first respondent bear the costs of the petition.
For Cove Investments, the ruling is a major vindication after years of legal uncertainty and stalling of development plans on the land. The company had consistently argued that the property was taken from it fraudulently and that all subsequent dealings were part of a calculated scheme to disinherit it.
The judgment also sends a strong signal against impunity in land transactions, particularly those involving politically connected individuals. For Joshua Kulei, it marks a significant judicial rebuke in a case that underscores the evolving jurisprudence around land rights in Kenya.
With a knack for captivating storytelling, Amos Lumbasi has a talent for crafting narratives that resonate with readers. He combines meticulous research with a captivating writing style to create articles that are both informative and enjoyable to read.
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