Top Ministry of Lands official faces scrutiny over Raphael Tuju's property transfer

A senior official in the Ministry of Lands may face renewed scrutiny after the transfer of a property linked to former Cabinet Secretary Raphael Tuju allegedly took place in defiance of a court order.

David Nyambasa Nyandoro, who was temporarily reinstated as the Chief Land Registrar by the Court of Appeal in July 2024, is at the center of a legal and administrative storm.

His appointment was initially quashed by the Employment and Labour Relations Court in May 2024, which directed Lands Cabinet Secretary Alice Wahome and Principal Secretary Nixon Korir to appoint Peter Mburu Ng’ang’a in his place.

Nyandoro, supported by the Office of the Attorney General, appealed the decision and secured a stay order, allowing him to retain his position pending the outcome of the appeal.

However, new developments have emerged. Busia Senator Okiya Omtatah, a respondent in the ongoing appeal, has sought the court’s permission to introduce fresh evidence related to the disputed transfer of a high-value property associated with Tuju.

"That unless the court intervenes urgently, grant for the additional evidence as per the further affidavit and the annexures thereto be filed and submitted, the court will be deprived of crucial evidence necessary for just and fair determination of the pending appeal," reads court papers.

Omtatah argues that the new evidence raises serious questions about Nyandoro’s adherence to statutory responsibilities and his respect for judicial authority.

Similarly, he says that these issues go to the heart of Nyandoro’s integrity and suitability for public office.

“That subsequent to the closure of the pleadings I became aware of an obtained new material evidence .... disclosing gross impropriety on the part of Nyandoro…” claims Omtatah.

The case involves the transfer of Dari Business Park in Karen, a property that had been shielded from sale or transfer by a court order issued in April 2024 and later extended in November 2024 and February 2025.

Despite the court’s directive, Senator Omtatah alleges that the order was ignored at the Ministry of Lands, where an advocate attempting to register it was reportedly told it was not “registrable” due to a lack of explicit instruction to the Chief Land Registrar.

Omtatah insists that the Chief Land Registrar, as the only authority in Kenya authorized to register property transfers, had a statutory obligation to act upon the court order once it was formally presented. This would have included halting any transaction on the property and safeguarding the deed records.

Tuju had gone to court to stop the East African Development Bank and Garam Investments Auctioneers from selling his properties over a contested loan.

The Court of Appeal is yet to determine whether the new evidence will be admitted.