Court clears Sonko in Kwale land row, orders ex-MP Omari Zonga to refund Ksh.7.9M

Former Nairobi Governor Mike Sonko has been granted relief in a long-running land dispute after the Environment and Land Court in Kwale ruled that former Msambweni MP Omari Mbwana Zonga fraudulently sold the same parcel of land twice — and ordered him to refund Sh7.9 million to Southern Bay Limited.

Delivering judgment in ELC Case No. 166 of 2021 – Southern Bay Limited vs. Gideon Mbuvi Kioko & Others, Justice A.E. Dena found that Zonga had no legal capacity to sell the land known as Kwale/Kinondo Ramisi SSS/193 to Southern Bay Limited in April 2014, having already sold and transferred it to Sonko in March 2013.

According to the court, Zonga deliberately concealed the earlier transaction, misleading the second buyer into believing that the land was available for sale.

“The third defendant had no capacity, both legally and morally, to sell or transfer the suit property to the plaintiff when he knew very well he had already transferred it to another party,” ruled Justice Dena.

The court dismissed all allegations of fraud against Sonko and the Kwale Land Registrar, holding that the plaintiff’s claim lay solely against Zonga, the fraudulent vendor.

Justice Dena ordered the former legislator to refund the full purchase price of Ksh.7,750,000 plus Ksh.155,040 in stamp duty — a total of Ksh.7,905,040 — with interest from December 6, 2018, until payment in full. Zonga was also directed to bear all legal costs of the suit.

The judgment confirmed that by the time Southern Bay Limited purchased the property in 2014, Zonga had already executed a valid transfer to Sonko on March 26, 2013, after receiving Ksh.9 million for the sale.

“Since the plaintiff’s transaction was undertaken after the third defendant had already sold the property to someone else and executed the transfer, he had no capacity, both legally and morally, to transfer the suit property to the plaintiff when he knew very well he had not formally rescinded the earlier arrangements,” the judge noted.

In her ruling, Justice Dena emphasized the importance of due diligence in land transactions, warning that failure to conduct proper verification often leads to costly disputes.

“Equity suffers no wrong without a remedy. It would amount to unjust enrichment to let the third defendant retain the purchase price,” she stated.

The decision, delivered virtually on October 3, 2025, brings to an end a four-year legal battle that highlighted the persistent problem of double land sales at the Coast.