Soita Shitanda's Widow Loses 100-acre Property To Former Minister's Business Partner

• Soita Shitanda's widow Betty was embroiled in a property row pitting the Kabras Farm Limited, which her late husband co-founded with businessman George Mulamasi
• Betty moved to court seeking exclusive ownership of a 100-acre parcel of land purchased by the company
• However, the Bungoma Environment and Land Court ruled that the land belonged to the aforementioned company, which was classified as a separate entity

Kai Eli, a journalist at TUKO.co.ke, brings more than three years of experience covering politics and current affairs in Kenya.

The family of the late Soita Shitanda, a former Malava MP, has suffered a blow after the Bungoma Environment and Land Court ruled in favour of a co-director of a limited company he partnered with.

Shitanda formed Kabras Farm Limited in 2008 with businessman George Malumasi, which they used to purchase 100 acres of land.

The company bought the land through an auction in 2008; Nirosim Limited was the original owner, having taken a loan from Agricultural Finance Corporation (AFC) but defaulted.

Why Soita Shitanda's widow moved to court

AFC put the land on sale through auction and sold it to Kabras Farm Limited.

However, on February 17, 2022, Shitanda's widow, Betty Glorious Soita, sued Malumasi, the AFC and Kabras Farm Limited, seeking full ownership and administration of the estate.

Betty accused the trio of trespassing and encroachment on the parcel situated at the Pwani scheme in Tongaren, Bungoma.

However, TUKO.co.ke has established that a counter-claim, borne in an affidavit sworn by Mulamasi on March 2, 2022, opposed the application by the plaintiff.

The businessman went ahead to file a preliminary objection in the same court.

In his evidence, he argued that he was a co-director of the Kabras Farm Limited company, and the late Shitanda was the managing director.

He, therefore, sought to be recognised as a legal beneficiary of the tract bought for KSh 9.2 million.

Shitanda's family is now facing eviction from the expansive land after Justice Enock Cherono of the Environment and Land Court in Bungoma delivered a Judgment on May 9, 2024.

“An order of eviction is issued against the Plaintiff (now defendant) Betty Glorious Soita, whether jointly and/or severally, by herself, her agents, servants and/or anyone claiming through her to vacate and deliver vacant possession of that land LR NO Bungoma/Kabuyefwe/271 measuring 100 acres," read part of the judgement.

Documents seen by TUKO.co.ke show that the widow was the first to seek redress in court.

What was court's verdict on Shitanda property row?

Her family held 50% of the firm's shares, with Mulamasi, the co-director, owning the remaining 50%.

Despite the terms being clear, Betty sought exclusive ownership of the property to the exclusion of the company and the surviving director.

Her suit was dismissed with costs of KSh 1.3 million after the company's counterclaim suit was admitted in court.

In his judgment, Justice Cherono recognised that a company is a separate entity from its shareholders and directors and ruled that in the strict sense of the law, the land belonged to the company, and therefore, the widow or her agents or servants had no right to it, and were therefore trespassers.

The judge added that their claim, if any, was in the 50% shares of the late minister, which remain unallocated and first ought to be distributed in a succession matter of the deceased.

The court document indicates that Shitanda's widow had illegally used police to access the land after the demise of her late husband, with the defendants in her case accusing her of ignoring many court orders to carry out her activities on the tract.

All efforts to mediate or negotiate collapsed as the widow insisted that all the property belonged to her late husband.

At the time of the judgment, the plaintiff had not filed her submissions despite seeking additional time.

Through her lawyers, the widow sought a 30-day stay of the eviction order.

Soita Shitanda's demise

Shitanda died in 2016.

His political colleagues pledged help to his family, promising to foot the KSh 1.7 million needed for funeral arrangements.

The former Housing Minister, and chairman of the Agricultural Development Corporation (ADC), was laid to rest in his Kakamega home in a ceremony attended by a host of politicians, led by former president Uhuru Kenyatta and his then deputy William Ruto.

Proofreading by Mercy Nyambura Guthua, journalist and copy editor at TUKO.co.ke

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The late Soita Shitanda previosly in his office.

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