Mama Ngina, Criticos sue lands registrar over 2624 acres land title
Coast
By
Kamau Muthoni
| Dec 22, 2023
Former President Uhuru Kenyatta's mother, Mama Ngina Kenyatta and former Member of Parliament Basil Criticos now want court to force the registrar of lands to release title of 2624 acres property they jointly own in Taveta.
In a joint case filed before High Court Judge John Chigiti, the duo claimed that despite being aware, the registrar has failed to release title.
They argue that the registrar's move illegally denies them a right to property. According to them, there is no explanation why the titles have not been released to date.
"The breach or failure by the first respondent denies the applicants the statutory right to have or hold the said certificate of title as evidence of proprietorship of their said parcel of land," the case filed by Walkter Kontos advocates reads in part.
In a supporting affidavit, Criticos said that he alongside Kenya's former first lady jointly owned the property.
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However, along the way, they to split the land and transferred the same to other parties.
Out of it, by 2022, the remaining land was 2624 acres.
The former Taveta legislator said he applied for a certificate of title. However, he said, the registrar has to date not released the crucial document.
"It is now over one (1) year since the property was registered under the provisions of the Land Registration Act, and the 1st respondent (registrar) has failed to issue to the applicants the said Certificate of Title. The refusal or delay by the 1st respondent to perform its statutory obligation or duty to issue the Certificate of Title is an unfair administrative act which is contrary to the Constitution and in breach of the law. I am so advised and verily believe," said Criticos.
They argued that it was unfair for the registrar not to issue them with a title and keeping silent on the same.
The two sued the Chief Land Registrar, Nairobi and the Attorney General.
They asked the court to compel the registrar to do his work.
Justice Chigiti certified the case as urgent. He ordered that to serve the case within 14 days. Thereafter, the registrar and the AG have the same number of days to respond and file their submissions.
The case will be mentioned on March 5 next year.
jmuthoni@standardmedia.co.ke