Escalating land conflict among billionaire: Allegations of falsified will add fuel to the fire
In a surprising turn of events, a recent court ruling has set aside the decision that handed ownership of a prime 53-acre parcel of land in Msambweni, Kwale, to three plaintiffs. The controversies surrounding the ownership of this coastal estate now persist, as the land dispute appears to have reverted to square one.
The three plaintiffs, Mohammed Ruwa Maridadi, Anthony Michael Mwanza Mulwa, and Ahmed Ouma Randa, had moved to court in May 2021, seeking recognition under Sections 37 and 38 of the Limitation of Actions Act. Their claim was based on adverse possession, a 12-year rule anchored in Section 7 of the same act.
However, the court's latest decision overturns the earlier recognition, acknowledging the executors' valid grant of probate and confirming they qualified as legal representatives under the Civil Procedure Act. This decision essentially reopens arguments on the validity of the will and the claim of adverse possession.
The contested Will of Pritam Singh Panesar, if genuine, would have transferred the contested property to Spencer Elms and businessman Nileshkumar Shah. The genesis of the Kwale land controversy can be traced back to April 2022 when the Environment and Land Court in Kwale handed ownership of the 53-acre parcel to the three occupants.
The court directed the Kwale District Land Surveyor to inspect the property, who confirmed the existence of three houses, two boreholes, and mature trees on the land, all evidence of established residence. This inspection was part of the process that led to the three men being declared as proprietors of Kwale/Msambweni "A" 3390, land registered in the name of businessman Pritam Singh Panesar.
The controversy, however, did not end there. An independent forensic examiner, Emmanuel Karisa Kenga, concluded there was a "glaring mismatch" between Panesar's signatures in the contested Will and those in at least nine known documents. Additionally, DCI forensic document examiner Alex Mwongera compared the signature on the contested Will against that on Pritam Singh Panesar's national identity card and concluded they did not match.
The Directorate of Criminal Investigations (DCI) has opened a probe into allegations that city lawyer Guy Spencer Elms forged the Will of billionaire Pritam Singh Panesar. Henry Philip Nyabuto, in an affidavit, admitted to fraudulently preparing a fake Green Card to aid the illegal acquisition of the disputed Kwale property.
Nyabuto also annexed an M-Pesa statement indicating receiving Sh10,000 on 21 January 2022 from a mobile number associated with Wilson Gichuhi, believed to be an ex-police officer. Gichuhi, according to Nyabuto's affidavit, was approached to facilitate the process at the request of Spencer Elms.
Spencer Elms was previously linked to the alleged forgery of documents in a separate, decade-long criminal case involving the forgery of the will of deceased British tycoon Roger Bryan Robson. The person named as a witness in the forgery case of billionaire Pritam Singh Panesar's will to prove an attempt to falsify the transfer of the 53-acre coastal land in Msambweni, Kwale, is Sunny Panesar.
Opportunistic herders and squatters have slipped in and used the vast land for grazing and makeshift shelters since the stalemate began. As the legal battle continues, the future of this prime coastal estate remains uncertain.
