This archive report was first published on 30 July 2019.
On December 30, 2002, President Mwai Kibaki was inaugurated, marking a significant moment in Kenya's history. However, little did the nation know that an 11-acre plot in Karura forest was being transferred to York Worldwide Holdings, a move that would later prove to be unlawful.
York Worldwide Holdings, a firm registered in the British Virgin Islands, had invested $13 million (Sh1.3 billion) in a plan to develop hotels, offices, and serviced apartments to cater to the diplomatic community. The firm's director, Bernard Haissly, is based in Switzerland.
The land in question was originally allocated to Sian Enterprises, Masai Villas Limited, and Star Prime Limited by former commissioner of lands Wilson Gachanja in May 1989. However, the allocation was made without proper authorization, and the land was never available for sale.
High Court Judge Samson Okong'o has now dismissed York Worldwide's petition, ruling that the land is part of Karura forest and was never available for sale. The judge also questioned how York Worldwide bought part of the land from Sian Enterprises, which was associated with retired President Daniel Arap Moi and his former private secretary Joshua Kulei.
The court ruling has left York Worldwide staring at a reported Sh1.3 billion loss. The firm had argued that repossessing its land and letting ICRAF retain the allocated 7.4 acres was discriminatory. However, the judge ruled that the title deed acquired by Sian Enterprises, Masai Villas Limited, and Star Prime Limited was illegal and there was nothing to transfer to York Worldwide.
