Kilifi businessman Franco Esposito has filed an application for the arrest and detention of Senior Lands Registrar Mohamed Billow for allegedly failing to execute a 2020 court decree to facilitate a land transfer in his favor. Esposito, represented by lawyer Richard Otara, claims the registrar did not facilitate the transfer of the property from Jonathan Ngumbao Kata to Esposito, despite a court order.
The decree, issued on December 21, 2020, by former Malindi Chief Magistrate William Chepseba, declared the land as Esposito’s property. The court had directed the registrar to complete the transfer and issue a title deed to Esposito. However, Esposito alleges that a former officer at the lands registry, along with Kata, colluded to sell the land to other buyers, even after he had fully paid for it.
Kata’s lawyer, Alfred Mwadilo, opposed the application, stating that his client had not been served with the notice. The court has given Otara three days to serve the defendant’s lawyer and set a hearing date for September 4, 2024.
Esposito, who has previously run for political office in Kilifi, claims that despite paying for the land and having a sale agreement, he has faced injustices from government officials. He emphasizes that the delay in the land transfer has caused him significant distress and financial loss.
