Why Mama Ngina, Criticos are Suing State Over 1,062 Hectares of Land in Taita

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

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

The two own the biggest pieces of land in the area.

Mama Ngina and Criticos, who claim joint ownership of the land, are challenging the decision of government officials to refuse to issue them with the critical document.

They 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.

“The applicants seek…a judicial review order of Mandamus compelling the Ist 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 in part.

They argued 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.

“The said breach or failure …denies the applicants (Criticos and Mama Ngina) 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, argued 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”. Justice John Chigiti certified the matter as urgent. The matter will be heard on March 5, 2024.

This is a new development under this government over land ownership issue.