Trader accuses Jimi Wanjigi and wife of Sh56m fraud - Beaking Kenya News

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Wednesday, 17 April 2019

Trader accuses Jimi Wanjigi and wife of Sh56m fraud

Jimi Wanjigi
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Businessman Yogesh Patel has accused tycoon Jimi Wanjigi, his wife and their two firms of using a shell company to defraud him of Sh56 million that was meant to be a deposit for a controversial 0.818-acre piece of land in Nairobi’s Westlands suburb.
Mr Patel claims that Aureum Ltd — a company owned by Mr Wanjigi, his wife Irene Nzisa and Augustine Kairo Thuo — agreed to sell him the prime land for Sh260 million in June last year but the firm has now transferred the property to someone else and refused to refund his deposit.
The businessman has sued through his Kenroid Ltd, which reached the sale agreement that is now at the centre of a battle for the land.
Kenroid now holds that Aureum was only a shell that received his deposit on behalf of Irene Nzisa Wanjigi, Tyl Ltd — Mr Wanjigi’s firm — and Mr Thuo.
The firm adds that the land could be a public utility and may be among the parcels flagged in the 2006 Ndung’u Land Report, which detailed several grabbed parcels in Kenya’s history.
But when the Nation perused the Ndung’u report on Tuesday, the disputed piece - LR Number 1870/II/200 - was not among those flagged.
The land has now been transferred to Cissy Kalunde Musembi, a transaction that Mr Patel’s Kenroid wants reversed.
Court documents indicate Aureum was initially called Horizon Hills Ltd but rebranded after the Registrar of Companies revealed there was another company by the same name.
The other Horizon Hills Ltd and its directors David Njenga, Samson Kuria, Henry Njoroge Njenga and Samuel Njuguna Chege have been enjoined in the suit.
Kenroid has also filed a complaint with the Directorate of Criminal Investigations (DCI), which is investigating the transaction.
None of the nine respondents have responded to the suit, but the case is set for a hearing on June 17 before the Environment and Lands Court.
On Tuesday, Kenroid placed an advertisement in the local dailies to notify Mr Thuo, Horizon Hills Ltd, Mr David Njenga Samson Kuria, Mr Henry Njoroge Njenga, Me Samuel Njuguna Chege and Ms Cissy Kalunde Musembi of the suit and the hearing date.
Kenroid claims that it approached Aureum, Ms Wanjigi, Tyl Ltd and Mr Thuo for a refund of the Sh56 million deposit.
The firm asked for any evidence to show that the firms owned by the Wanjigis and Mr Thuo are still the registered as owners of the 0.818-acre land and also filed a complaint with the police over the transfer to Ms Musembi.
Kenroid holds that the Wanjigis and Mr Thuo are using Aureum Ltd to shield themselves from any claim against them.
Court documents show that once the sale agreement between Kenroid and Aureums was signed on June 21, 2018, the payments and ownership changes were to be made within 180 days.
The agreement also barred selling, leasing or transferring the property to anyone other than Kenroid, the documents further show.
But Kenroid now argues that Aureum failed to reveal that it was not the sole owner of the land and did not have the legal capacity to sell the prime property.
The firm has also accused Aureum, Ms Wanjigi, Tyl Ltd and Mr Thuo of ensuring records pertaining to Aureum and Horizon Hills Ltd at the Companies Registry and those on the property at the Lands Registry are inaccessible.
The defendants have until June 17 to file their responses to the suit.

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