Mama Ngina sues top State officials over Taita Taveta land

Former First Lady Mama Ngina Kenyatta has sued the Chief Lands Registrar and the Attorney General for allegedly failing to issue her with a Certificate of Title for land in Taita Taveta measuring 1062.3 hectares.

Mama Ngina and former Taveta MP Basil Criticos claim to be the joint owners of LR No. 10287/7 Taveta.

They are challenging the Registrar's refusal and delay in granting them the Certificate over the said land.

Critico’s in an affidavit says before the subdivision of the land, they were the registered owners as joint proprietors.

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.

‘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 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.