A Nairobi woman has told a Milimani Court how a Ksh65 million Lavington property she discovered online turned into a costly legal battle after alleged structural defects emerged following the purchase process.
Testifying before Principal Magistrate Rose Ndombi on Monday, January 19, 2026, complainant Eunice Mbinya Musembi recounted how she became interested in the property after seeing it advertised for sale. She told the court that the house was located just four gates away from her then residence, making it particularly attractive.
Musembi said her husband initially visited the property, where the caretaker provided him with the seller’s contact details. The seller was later identified in court documents as Grace Kerubo Orioki, also known as Grace Kerubo Omambia Omwega, who was trading as Nazziwa Investment Limited.
At the time, Musembi was out of the country on business in Tanzania. Upon her return, she invited Grace to her home, where discussions culminated in an agreement to proceed with the purchase.
However, Musembi told the court that problems began to surface after the seller vacated the house in November 2024. When she and her husband were finally allowed to view the property, they noticed significant cracks on both the interior and exterior walls.
She further testified that they had initially been denied access to inspect the house until the full purchase price had been paid. Even after repeated requests, they were only permitted to view the property for one hour and under supervision.
“Even after she vacated the house through her advocate, we were still not allowed to view it until the purchase price was fully paid,” Musembi told the court.
Concerned by what they observed, the couple sought the services of a structural engineer. According to Musembi, the engineer’s report confirmed that the house had serious structural flaws and that its integrity was compromised.
As a result, on November 25, 2025, Grace Kerubo was charged before Milimani Chief Magistrate Dolphina Alego with obtaining money by false pretences contrary to Section 313 of the Penal Code. She denied the charges, and the court entered a plea of not guilty.
Prosecutors allege that the accused, on various dates within Kenya and with intent to defraud, obtained Ksh65 million from Musembi by deliberately concealing material structural defects in the Lavington property.
The case is scheduled to continue for hearing on March 5, 2026, as the court seeks to determine whether the transaction amounted to criminal deception or a civil dispute arising from a failed property deal.
