Mama Ngina Kenyatta Sues Gov’t, Demands Certificate Of Title For 1000-acre Taita Taveta Land

• Former first lady Mama Ngina Kenyatta and former Taveta MP Basil Criticos sued the government for a title deed of their land in Taita Taveta
• Justice John Chigiti allowed them to file a motion compelling the issuance of the title, certifying the application as urgent
• Mama Ngina and Criticos argued that the lack of an original Certificate of Title denied them evidence of land proprietorship

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - Former first lady Mama Ngina Kenyatta moved to court seeking to compel the government to issue her with a title deed for 1,000 hectares of Taita Taveta land.

In the case, Mama Ngina, together with former Taveta MP Basil Criticos, sued the Chief Lands Registrar and the Attorney General for allegedly failing to issue them with a Certificate of Title for the land.

Justice John Chigiti of Milimani High Court on Friday, December 22, allowed them to file a motion compelling the Land Registrar and Attorney General Justin Muturi to issue them with a title on the land.

He certified their application as urgent, ordering the Land Registrar and the Attorney General to file their responses within 14 days before the mention of the case in March 2024.

"The Applicants are hereby granted leave to apply for a judicial review order of Mandamus compelling the land Registrar to issue and release to the applicants the Original Certificate of Title to Land Reference Number 10287/7 as the registered proprietors thereof in the performance of his statutory duties and obligations under the provisions of Sections 26 and 30 of the Land Registration Act, 2012," Justice Chigiti said.

Why did Mama Ngina, Criticos go to court

Mama Ngina and Criticos moved to court faulting the government for failure to give them a title deed despite being actual owners of the land.

They argued that failure to be issued with the deed had denied them the right to hold the certificate as evidence of proprietorship of their land.

"In breach of his said statutory obligation or duty, the Land Registrar has to date failed to issue to the applicants the said Certificate of Title in relation to the said parcel of land L.R No. 10287/7 Taveta. The said 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," read the court papers in part.

They indicated that only the Land Registrar can explain why they have been denied the title deed of their property.