Cabinet Secretary for Information, Communications, and the Digital Economy William Kabogo is embroiled in a bitter legal dispute with his uncle, Kimani Kabogo, over the ownership of land valued at Ksh 380 million.
The conflict dates back to 2006, when Kimani claims to have uncovered fraudulent dealings regarding the property. He filed a lawsuit in 2017, accusing his nephew of fraud and breach of trust. The case, however, was dismissed by the High Court on grounds that it was time-barred under the Limitation of Actions Act.
Kimani did not give up. He took the matter to the Court of Appeal, arguing that the High Court had erred in its ruling. The appellate judges agreed with him and ordered a fresh hearing before a different judge. This ruling has revived the dispute, setting the stage for a legal battle that could have serious implications for both parties.
At the heart of the dispute is how the property changed hands. Kimani alleges that the land was unlawfully acquired. He insists that his nephew manipulated transactions to take ownership of the property without his consent. He further claims that he was misled into financial arrangements that ultimately left him stripped of his rightful ownership.
On the other hand, Kabogo maintains that he acquired the property legally. He argues that the land was sold to him by NIC Bank through a private treaty after the bank moved to recover an unpaid loan. The loan, according to Kabogo, was taken by Kenya Modern Digitals Ltd—a company that Kimani had guaranteed. When the company defaulted on repayment, NIC Bank reportedly exercised its right to sell the property to recover the outstanding debt.
With the Court of Appeal’s ruling, the case will now return to the High Court for a fresh trial. Legal experts say this could be a long and drawn-out battle, given the complexity of the claims and counterclaims. The ruling has also raised questions about the initial dismissal of the case and the broader issue of how financial institutions handle asset recoveries linked to defaulted loans.
Observers are keenly watching how the case unfolds. Will the High Court find evidence to support Kimani’s fraud claims, or will Kabogo’s defense of lawful acquisition hold up? The coming months will determine the fate of the disputed land and set a precedent for similar cases involving property disputes and alleged fraudulent dealings.
