The Court of Appeal has ordered a freeze on transactions involving a high-value Muthaiga property formerly linked to the late Daniel arap Moi, pending determination of an appeal filed by Equity Group chief executive James Mwangi seeking to overturn a ruling that nullified his ownership.
In a consent order issued on Tuesday, the appellate court directed that the status quo on the land be maintained until the appeal is heard and determined. The court also instructed Mr Mwangi and his wife, Jane Wangui, to deposit Sh10 million as security within 60 days into a joint account held by the parties’ advocates, and ordered that the appeal be fast-tracked.
The dispute pits the couple against Mount Pleasant Limited over competing claims to the prime Muthaiga land, with ownership histories tied to transactions involving Moi in the 1980s and subsequent transfers decades later. A three-judge bench recorded the parties’ agreement and imposed strict filing timelines, signalling an expedited hearing.
Under the status quo order, neither side may sell, charge, develop or alter the property’s registration while the appeal is pending, a move aimed at preserving the asset amid contested land records. Mr Mwangi maintains that he purchased the 3.7-acre property directly from Moi in December 2012 for Sh320 million.
At the centre of the appeal is a detailed judgment delivered by the Environment and Land Court in October 2025, which traced the property’s ownership to the early 1900s and ultimately revoked the Mwangis’ title.
Mount Pleasant told the court it acquired two parcels of the land between 2006 and 2007 for Sh130 million from the family of former finance minister Arthur Magugu, after banks that had charged the land later discharged it. The firm said the Magugu family had themselves bought the property from Moi in 1982, arguing that any later transfer by Moi was invalid as he had already relinquished ownership.
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The company challenged registry entries showing a conveyance to the Mwangis in 2013 and a subsequent amalgamation into a new parcel, citing inconsistencies, missing surrender documents and irregular signatures. It sought cancellation of the Mwangis’ titles and reinstatement of its own.
Mr Mwangi, however, told the trial court that he and his wife bought the land from Moi for Sh320.6 million, paid stamp duty, took possession in 2013, secured development approvals and received a title deed in 2019. He said the purchase was meant for a family home and that he retained the original conveyance document issued by the former president.
Testimony from the Chief Land Registrar complicated both claims, revealing missing parcel files, mismatched registry references, unsigned entries and transfers unsupported by documentation. The registrar also disclosed that a lease and title were later issued for the amalgamated parcel even as investigators questioned the authenticity of some records.
