A retired Kenya Defence Forces (KDF) soldier, Mary Waithira Njoroge, has petitioned the Judicial Service Commission (JSC) seeking an investigation into the conduct of Milimani Senior Principal Magistrate Gilbert Shikwe. The retired Warrant Officer II claims Shikwe overlooked vital documents presented by government agencies in a Sh100 million land dispute case. Waithira, 75, had been locked in a legal battle over her prime parcel of land in Thome estate since her retirement in 2006.
Waithira purchased the 0.1964-hectare parcel in 2005 from Joreth Ltd and obtained the necessary ownership documents. In 2017, she sought to sell the property for Sh33.5 million and met Grace Waringa Mungai, who expressed interest in the property. They entered into a sale agreement before lawyer Mike Oyoo Wagunda of Wagunda & Co Advocates. Waithira was paid a Sh50,000 deposit and surrendered her original title deed, ballot receipt, copy of KRA PIN, national ID, and a signed transfer form to the lawyer.
However, Waithira later discovered that her land had been sold to Benson Maingi Mutahi and his wife Hellen Wanjiku for Sh18 million without her knowledge. She reported the matter to the DCI headquarters, where document examiner Geoffrey Chania found the sale agreement signed by the retired soldier was fraudulent and her signature was forged. The Land Fraud Unit also found Waithira's title was genuine, while that of the couple was irregularly obtained.
Despite the evidence, Magistrate Shikwe ruled that Maingi and his wife were the rightful owners of the land. The court found that Waithira had interacted with the couple and received M-Pesa payments totaling Sh89,000 on various dates. Waithira denies ever knowing or meeting the couple. She also disputes the court's finding, citing that crucial evidence was disregarded.
Waithira's troubles began when she demanded her documents back from the lawyer, and later, the DCI recommended that Oyoo and the couple face criminal charges. In June 2021, the detectives asked the Lands PS to cancel the couple's title. However, Magistrate Shikwe's ruling acquitted Oyoo, which Waithira disagrees with. She has petitioned the JSC for a fresh hearing, insisting she was denied a fair hearing.
The JSC is yet to respond to Waithira's petition. The retired soldier hopes to have the matter resolved and live a peaceful life after 29 years of service in the KDF. The case has raised concerns about the conduct of some magistrates and the need for accountability in the judiciary.
The land dispute has left Waithira, a 75-year-old retiree, distressed and seeking justice. Her case highlights the challenges faced by KDF retirees and the need for support systems to protect their welfare. The outcome of Waithira's petition to the JSC will be crucial in determining the fate of her Sh100 million land.
Key points
- A retired KDF soldier has petitioned the JSC over a court ruling that awarded her Sh100 million land to strangers.
- The court ruling was based on evidence that Waithira had interacted with the couple and received M-Pesa payments.
- Waithira denies the allegations, citing that her signature was forged and crucial evidence was disregarded.
