ICT Cabinet Secretary William Kabogo has suffered a major setback following a Court of Appeal decision to overturn a High Court ruling in a multi-billion shilling land dispute. The judgment rendered by Court of Appeal set aside the High Court's dismissal of a lawsuit that alleged the CS had fraudulently taken possession of the land in Runda belonging to his uncle Kimani Kabogo, which is believed to be the site of a multi-billion-shilling real estate project.
A three-judge bench, consisting of justices George Odunga, Aggrey Muchelule, and Abidah Ali Aroni, ruled in favour of Kabogo's uncle, concluding that the High Court had erred in striking out the lawsuit.
The judges emphasised the merits of the appeal directing that the case be retried by a judge other than Justice Lucy Gacheru who had originally dismissed the case seeking to find CS Kabogo had fraudulently acquired the property without the consent of his uncle. "Having considered the issues raised before us, we find merit in this appeal, which we hereby allow.
We set aside the decision of the learned judge, allowing the preliminary objections and substitute it therefore with a decision dismissing the preliminary objections," the appeal judges remarked.
