The appellate court has instead ordered the couple to deposit Sh10 million as security while maintaining the status quo on the 3.733-acre disputed property even as police have already handed it over to its rightful owner, Mount Pleasant Limited.
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The Court of Appeal, comprising Judges Daniel Musinga (President), Pauline Otieno Kiage, and Olive Muchelule issued the order on February 4, 2026, following an application by the Mwangi and his wife Jane Wangui Mwangi seeking to halt the execution of the Environment and Land Court judgment that ordered them to vacate the land after finding that they had unlawfully acquired the multi-billion prime land pending the hearing and determination of their appeal in the Sh1 billion land dispute.
“The status quo with regard to the suit property shall be maintained pending hearing and determination of the appeal, which we direct that it be expedited,” the Musinga led bench ruled.
“The applicant shall deposit a sum of Sh10 Million in an interest earning account in the joint names of counsel for the appellant(Mwangi) and the 1st respondent(Mount Pleasant Limited) within sixty (60) days from today.”
The orders came after the property had already been handed over to Mount Pleasant Limited.
According to a police report dated January 7, 2026, from Gigiri Police Station, the Environment and Land Court order to the couple vacate the property had been executed under supervision of the Officer Commanding Station (OCS) Gigiri, with Mount Pleasant Ltd gaining possession of the property.
“The above court order has been executed today the 07/01/2026 under supervision of the OCS Gigiri and now the plaintiff Mount Pleasant Ltd has now gained possession of the property,” stated Officer Commanding Police Station Jennifer Mutuku in the official police document.
Mwangi’s appeal follows a landmark judgment by Environment and Land Court Judge Oscar Angote delivered on October 23, 2025, which found that Mwangi and his wife had no legal claim to the prime Muthaiga property and had unlawfully taken possession of land belonging to Mount Pleasant Limited.
In his detailed 150-page ruling, Justice Angote found glaring irregularities in the documents presented by the couple, including missing volume references, unsigned land registry entries, and inconsistencies in file numbers, which rendered their alleged 2012 purchase from the late President Daniel arap Moi null and void.
Justice Angote declared that the land, originally registered as L.R 214/20/1/1 and L.R 214/20/2, and later irregularly amalgamated into L.R 214/832, belongs to a private company Mount Pleasant Limited, not Dr. Mwangi and his wife.
The judge ordered the couple to pay Sh10 million in general damages for trespass, with interest accruing from the date of judgment until full payment, and to vacate the property immediately under threat of police enforcement.
“An award does hereby issue of general damages for trespass, assessed at Sh 10 Million. The 1st and 2nd Defendants (Mwangi and his wife Wangui) to pay interest on the above amount at court rates from the date of this Judgment until payment in full. The 1st and 2nd Defendants’ counterclaim is dismissed with costs. The 1st and 2nd Defendants to pay the Plaintiff the costs of the suit,” Justice Angote ruled.
The decision restored ownership of the 3.733-acre property to Mount Pleasant Ltd, which traced its acquisition back to former Cabinet Minister Arthur Kinyanjui Magugu and his wife, Margaret.
According to company records, Mount Pleasant purchased the property in 2006 for Sh 130 million after the Magugus redeemed it from the National Bank of Kenya.
Dr. Mwangi, however, insisted that he legally purchased the same land in 2012 directly from the late President Moi for Sh320 million, presenting a conveyance allegedly executed by the former Head of State.
Mwangi claimed he had taken possession of the land and initiated amalgamation and survey approvals to consolidate the parcels.
But Justice Angote concluded that President Moi had lost ownership of the parcels back in 1982 when he transferred them to the Magugus, whose title was subsequently conveyed to Mount Pleasant Ltd.
“Any subsequent transaction purporting to return the property to Moi or to sell it again is null and void,” the ruling states.
The judgment highlighted glaring irregularities in the documents produced by Dr. Mwangi, including missing volume references, unsigned land-registry entries, and inconsistent file numbers, which the court found rendered the alleged 2013 conveyance invalid.
The court observed that any attempt to reassign the property to Mwangi and his wife after it had been legally transferred to the Magugus in 1982, and subsequently to Mount Pleasant Limited, was invalid.
Consequently, the Chief Land Registrar and the National Land Commission were directed to expunge Mwangi’s title and restore the original ownership to Mount Pleasant Ltd.
Justice Angote further issued a permanent injunction barring the defendants, or their agents, from accessing or dealing with the property and ordered immediate vacation of the premises. Police assistance was authorized to enforce the eviction if necessary.
The court also awarded Mount Pleasant Ltd in profits of Sh500,000 per month from the date of unlawful occupation.
The case had been filed in 2020 by Mount Pleasant Ltd’s director, Anverali Mohamed Karmeli Amershi, against Equity CEO Mwangi, his wife, and others.
In his testimony before court, Amershi recounted how the company purchased the land from the Magugus, who had redeemed it from the National Bank of Kenya following a mortgage default.
“Our purchase price was Sh130 million. We took possession in 2006 and have been in continuous occupation since then,” Amershi testified.
“The defendants claim to have bought the land in 2012, but they never produced valid documentation to support that.”
Amershi described repeated attempts by the Mwangi family to assert ownership, including alleged evictions of the company’s security personnel.
“This is not just about ownership; it’s about trespass and the unlawful takeover of property that does not belong to them,” he said.
Equity CEO Mwangi recounted his version of events in court, stating that he had purchased the property from the late President Moi in December 2012 and had paid a deposit of Sh32,060,000, with the balance of Sh200,000,000 completed thereafter.
He claimed that the former President personally “blessed” the sale at his Kabarnet Gardens residence.
“I conducted a search, verified all details, and completed a valuation before executing the agreement. By April 2013, the sale was complete,” Dr. Mwangi testified.
“We took possession, engaged security, and even constructed a boundary wall.”
However, the court noted that Mwangi failed to produce critical supporting documents, such as the alleged sale agreement with President Moi and evidence of payments for amalgamation and survey approvals.
The detailed judgment meticulously traced the ownership history of the parcels.Originally allocated to James Archibald Morrison during the colonial era, the land changed hands multiple times, ultimately being conveyed to the late President Moi by the 8th Duke of Portland’s estate in 1980.
Moi mortgaged the land to Standard Bank, which reconveyed it back to him in 1982 before selling it to the Magugus.
Mount Pleasant Ltd legally acquired the land from the Magugus in 2006, registering the transfer and paying all requisite stamp duties.
The company also applied for amalgamation of the two parcels and undertook sub-division approvals in compliance with Nairobi County regulations.
The Court of Appeal judges have listed Mwangi’s appeal for a case management conference within 30 days by which time the parties are expected to have filed their respective submissions, as well as their lists and bundles of authorities.
