DNK International By Our Reporter,Milimani Court
A dispute over a high end residential property in Lavington on Monday took centre stage before a Nairobi court as hearing commenced.
The hearing is in a criminal case where a property dealer is accused of obtaining millions of shillings by false pretences.
The accused, Grace Kerubo Orioki alias Grace Kerubo Omambia Omwega, trading as Nazziwa Investment Limited, is charged under Section 313 of the Penal Code with allegedly defrauding Eunice Mbinya Musembi of Sh65 million through the sale of a house said to have undisclosed structural defects.
Testifying before magistrate Rose Ndombi, the complainant, Eunice Musembi told the court that in July 2024, her family expressed interest in purchasing a residential property along Kaputiei Road after seeing it advertised on social media.
Upon visiting the house, they met the accused, who presented herself as the vendor.
She said the parties negotiated and agreed on a purchase price of Sh75.5 million, with the transaction to be completed within 90 days from August 2024.
Payments were to be deposited into a bank account held by Grace Omwega, and by the time disagreements emerged, her family had already paid about Sh65 million, representing roughly 85–86 per cent of the agreed price.
Eunice testified that the buyers insisted on vacant possession before completion to allow a proper inspection, but the accused allegedly refused to vacate, maintaining that full payment had to be made first.
The standoff stalled the transaction, with each side holding firm to its position.
Although the accused eventually vacated the house in November 2024, Eunice said access remained restricted, with only a one hour supervised inspection permitted through advocates.
During that brief visit, the family observed visible cracks on pillars, beams and the servants’ quarters, raising concerns over the building’s safety.
She told the court that a structural engineer was engaged, and the resulting report concluded that the house’s structural integrity had been compromised.
The report was forwarded to the vendor through advocates, but no repairs or remedial action followed.
With a balance of Sh10 million outstanding, the accused’s advocates later issued a 21-day notice demanding payment or threatening to rescind the contract.
Eunice said she felt legally vulnerable, having paid most of the purchase price without completion documents or assurances that the house was fit for habitation.
She then sought a refund, which was declined, prompting her to report the matter to the Directorate of Criminal Investigations (DCI).
During cross examination, the defence challenged alleged inconsistencies in the complainant’s testimony, including discrepancies in the stated purchase price and the issue of access to the property.
The defence also argued that the sale agreement was entered into voluntarily and noted that a related dispute is pending before another court, where the disputed funds are reportedly held.
They further maintained that there is no official public declaration that the house is uninhabitable.
The hearing continues on March 5.
[DNK-International@January 19,2026]
