The Environment and Land Court has handed over possession of a disputed five-storey building in Nyanchwa, Kisii, to retired teacher John Charles Nyaanga, ending an 11-year legal battle between him and Kisii County Assembly Speaker Philip Machuki Nyanumba.
In a ruling delivered at the Kisii ELC Court, Justice Sila Munyao dismissed the suit filed by the Speaker in 2014, where he had asked the court to declare him the legal owner of the property. Instead, the court upheld Nyaanga’s counterclaim, confirming him as the rightful proprietor of the land on which the multi-storey building stands.
Following the judgment, the court through its Deputy Registrar appointed Taftaf Commercial Agency to immediately take over management of the premises and collect rental income on behalf of the retired teacher. All proceeds will be deposited in court pending the outcome of the Speaker’s appeal.
Unhappy with Justice Munyao’s ruling, Nyanumba, through lawyer Ochwangi Philemon, moved to the Court of Appeal in Kisumu seeking a stay of execution. He argued that the retired teacher should be stopped from taking over the property until the appeal is heard.
However, Nyaanga, represented by lawyers Omayio Wycliffe and Njau Wachira, opposed the application, stating that he had abandoned any intention to demolish structures on the land and was willing to manage the property responsibly through a recognized estate agent, as allowed by the trial court’s judgment.
In a ruling delivered on October 15, 2025, the Court of Appeal dismissed the Speaker’s request for a stay, clearing the way for the retired teacher to take possession on condition that no demolition takes place as the appeal is pending.
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“The respondent is at liberty to execute the part of the judgment that concerns rectification of the title in his name and nullification of the title of the applicant,” the ruling read, adding that if the Speaker wins the appeal, the title can be reinstated.
The court further ordered that all tenants occupying the five-storey building shall henceforth be treated as tenants of Nyaanga, and all rental income generated from the property will be deemed his. He will also bear responsibility for any tax obligations arising from the earnings.
The case has again highlighted the judiciary’s willingness to examine the roots of land ownership and scrutinize the legitimacy of contested title deeds.
The decision now leaves Absa Bank Kenya PLC exposed, as the financial institution having accepted the property as security for a Ksh 13 million loan advanced to the Speaker must now seek alternative collateral for the facility.
By Our Reporter
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