Former First Lady Mama Ngina Kenyatta wants a case challenging her ownership of two prime plots in Nakuru Central Business District dismissed by the High Court in Nakuru.
Mama Ngina filed an application seeking to dismiss the case brought by a Nakuru businessman Dr Isack Kirubi on grounds that it did not disclose the cause of action against her.
She also said Dr Kirubi in his own evidence did not at any time exclusively own the properties subject to the court case. Mama Ngina added that it would be a violation of her rights for the case to proceed to full hearing without the petitioner justifying the reason for suing her.
Kirubi had filed a constitutional petition in 2010 alleging infringement of his rights to own property after claiming the prime plot was forcibly taken by Government in 1974. He contended that the then Commissioner of Lands James Aloysius O’Loughlin in May 7, 1974, conspired with the late Jomo Kenyatta to forcibly take the land.
Kirubi wants the High Court to declare the acquisition null and void and the land reverted to him.
In sworn affidavits before Justice Anyara Emukule, Kirubi said he was at all times the registered allotee of the disputed land in Nakuru.
He adds that actions by Mama Ngina in collusion with the Commissioner of Lands were in breach and violation of his rights to protection from deprivation of property as provided by the Constitution. Kirubi also availed documents showing a loan he obtained with the intention of using the money in developing the disputed parcels of land. He claims he was paid the compensation by Government in 1974 through his bank accounts.
SOURCE: Standard Digital