- Environment and Land Judge Samson Okong’o found Kirima to be the rightful owner of the disputed property that was being claimed by numerous people.
- Babu now wants Kirima's family to provide proof of ownership of the land.
Embakasi East MP Babu Owino now says the controversial Njiru farm does not belong to former Starehe MP Gerishon Kirima or his family.
This is despite the Environment and Land Judge Samson Okong’o finding Kirima to be the rightful owner of the disputed property that was being claimed by numerous people.
But Babu in a press address on Thursday said an investigation conducted by himself indicates that the real owner of the farm is an Italian identified as Domenico De Masi, now deceased.
According to Babu, the son of the alleged original owner of the parcel of the land, Bernado Vincenzio Demasi, is already in Kenya to assist with the ongoing bid to ensure current occupants are not evicted.
Vincenzio, Babu says, was confirmed by the High Court as the heir of De Masi's estate in 2011 and a certificate of confirmation of grant was issued to him.
"There is light at the end of the tunnel. The said land in question with original LR NO. 5908/8, now LR NO. 5908/5/3 does not belong to Kirima and neither does it belong to Kirima's family," he said.
Babu says he has an indenture showing that the land in question belongs to the Italian who bought it in 1966.
"Then, an indenture was used to show proof of ownership of land as titles were non-existent," Babu said.
An indenture is a legal contract that reflects or covers a debt or purchase obligation.
"Proof of ownership of land is by having a title deed. The document (indenture) in my possession was drawn in 1966. We have the original document of an indenture that says this parcel of land was sold to Domenico De Masi, an Italian," Babu said.
He now demands the family of Kirima to show proof that indeed the former MP acquired the land.
"If this land belongs to the Kirima family, then they must produce the original title deed which is in our possession. And that is why we are going back to court," the MP said.
For Kirima to prove they own land, Babu said they must produce completion documents for the purchase of the land apart from the title deed.
At the same time, Babu wants the family to produce the ID copies of who sold Kirima the land, passport-sized photographs, rent clearing certificate, rates clearance certificate, the transfer form and proof of payment for them to lay a valid claim on the land
"Without all this, all the claims are hot air," Babu said.
The MP said they will be moving to court to demand that the family produce the relevant documents concerning the land.
He said he will not allow the people of Embakasi to suffer the same fate as those of Mavoko where residents suffered massive losses after their houses were demolished.
"We have done the homework. My people I can assure you that we will fight for you. We are going to win this.
"We will fight for this land. There will be no joke in this battle and that is why you elected."