Why Mama Ngina, Basil Criticos are suing State over 1,062 hectares of land

Former First Lady Mama Ngina Kenyatta and former Taveta legislator Basil Criticos.

Former First Lady Mama Ngina Kenyatta has sued the government over ownership of a 1,062.3-hectare piece of land in Taita Taveta.

Mama Ngina, together with former Taveta legislator Basil Criticos, have sued the Chief Lands Registrar and the Attorney General for failing to issue them with the original certificate of title of the land.

The duo, who claim joint ownership of the land, are challenging the decision of government officials to refuse to issue them with the critical document.

According to the affidavits, Mr Basil and Mrs Kenyatta are asking the court to grant them “leave to apply for a judicial review order of mandamus” and to compel the said officials to issue them with the title deed.

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“The applicants seek…a judicial review order of Mandamus compelling the 1st respondent (chief lands registrar, Nairobi) to perform his statutory duty and obligation… and issue to the applicants the original certificate of title to land reference number 10287/7 as the registered proprietors,” the court documents read.

Evidence of proprietorship

They argue that land rights include the right to be issued with a certificate of title as proof of ownership, which they have not been issued with.

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“The said breach or failure …denies the applicants (Mr Basil and Mrs Kenyatta) the statutory right to have or hold the said certificate of title as evidence of proprietorship of their parcel of land,” reads the court papers.

According to them, no public officer is mandated to issue them the title deed except the chief land registrar.

The former First Lady and the former MP, through their lawyer, argue that the Chief Land Registrar is the custodian of the said documents and is the only person better placed to explain why they were denied it.

The Attorney General is joined in the suit because he is “the principal legal adviser to the government in court”.

Judge John Chigiti certified the matter as urgent.  The matter will be heard on March 5, 2024.

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