Mama Ngina Kenyatta sues state officials over Taita Taveta land
3 min read
State officials allegedly refuses to issue Former First Lady Mama Ngina Kenyatta with a Certificate of Title for Taita Taveta land
State officials allegedly refuses to issue Former First Lady Mama Ngina Kenyatta with a Certificate of Title for Taita Taveta land.
Mama Ngina Kenyatta, the former first lady, filed a lawsuit against the Attorney General and the Chief Lands Registrar for allegedly refusing to supply her with a Certificate of Title over 1062.3 hectares of land in Taita Taveta.
Ownership of LR No. 10287/7 Taveta is claimed to be jointly held by Mama Ngina and former Taveta MP Basil Criticos.
They are suing the Registrar for refusing to provide them the Certificate over the mentioned land and for taking too long to do so.
According to Critico’s affidavit, they were the registered owners of the land as joint proprietors prior to its subdivision.
But later, parties divided the land and transferred the subdivisions which were registered and given their respective certificate of title.
What remained was 1062.3 hectares of land by October last year.
Criticos says he then applied for registration of what was remaining the 1062.3 hectares).
He submitted to the lands office the title and the original deed for purposes of registration.
What followed was a certificate of title processed in their joint names. But the title which proves they are proprietors was never issued to them.
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‘The registration was proved by an entry No. 41 in the mother title LR No. 10287 confirming that a certificate of title LR 252528 had been issued on 18 October 2022,” reads his documents in part.
“It is now over one year since the property was registered under the provisions of the land registration act, and the registrar has failed to issue to the applicants the said certificate of title,” he adds.
The two claim to enjoy land rights of absolute ownership over the land but they say the registrar has refused to grant them the title.
“The registrar is the custodian of the said documents and is the only person to explain why the applicants have been denied their said certificate of title,” they say.
Justice John Chigiti being satisfied that there is a case fit for further consideration, certified the matter as urgent.
He allowed Mama Ngina and Criticos to challenge the issues raised and to serve their motion within 14 days.
The respondents (Chief Lands Registrar and AG) will have 14 days to respond.
The matter will be mentioned on March 5 to report compliance.
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