AG wants land grab suit against Mama Ngina thrown out

Attorney-General Githu Muigai wants the High Court to throw out a suit where Mama Ngina Kenyatta has been sued by her brother-in-law for allegedly grabbing 3.5 acres in Gatundu the kin claims was seized by Kenya’s first president.

The AG wants the suit filed by Peter Mungai Ngengi against Mama Ngina thrown out, arguing that it holds little merit in court.

Mr Ngengi moved to court in 2012 seeking to have the land transferred back to him, and to be compensated for imprisonment he claims was instigated by Mzee Jomo Kenyatta for him relinquish the land.

Prof Muigai on Wednesday filed an application seeking to dismiss the suit, arguing that Mr Ngengi has failed to demonstrate to the court why he waited for more than 12 years to lodge the suit.

“The petition is one full of subjective opinions and personal convictions which do not warrant the invoking of Section 80 of the Land Registration Act as read together with Article 40 of the Constitution,” he said.

Mr Mungai sued Mama Ngina and President Uhuru Kenyatta, accusing them of taking over the land after the death of the first president. But Mr Mungai in August last year reached a deal to remove the President from the suit after reaching an agreement with the Kenyatta family.

Mr Mungai says he is the only surviving brother of the late Kenyatta who was adopted by his father Ngengi Kungu after being orphaned at a young age.

He accuses the first President of using his powers to grab his land at Ichaweri village in Gatundu. He claims the senior Kenyatta, through the Lands ministry, evicted him and his family from the property and merged it with another where he built himself a presidential palace.

Justice Joseph Onguto ordered the AG to serve Mr Mungai with the application, and directed both parties to appear before him on December 18 for hearing of the objection.

Mr Mungai claims he was jailed in Gatundu Colonial Prison, until Jomo Kenyatta built him a home in Mutomo, where he lived for two years before it was also demolished.

He alleges that he was threatened with death if he did not relinquish the land, through a visit by one of the late president’s bodyguards.

“If I am told to shoot you with all your family I am going to obey the order of the president and I am going to wipe out you and your family. You don’t joke with a king,” he said of the visit allegedly paid to him by the bodyguard.

He further said in suit papers he turned down an offer from Mama Ngina in 2012 to build him a home in Munyu, where he now resides with hope of being reallocated the 3.5 acre land he claims was grabbed.

He has faulted the previous governments for not acting on the alleged grabbing, which was his basis for enjoining the AG in the suit.

The suit had been filed in the Constitutional Division but was transferred to the Lands Court by Lady Justice Mumbi Ngugi last year.