The National Land Commission (NLC) has revoked a title to a public land in Muthaiga North which was granted to the estate of Peter Muigai Kenyatta in 1992 by presidential decree, sparking a legal battle with the owner.
The land, which was originally set aside for public use, was subsequently sold off to other individuals who had set out to develop a residential property, but the Muthaiga North Residents' Association successfully challenged the ownership before NLC.
The NLC in November 2018 revoked the private title to the one- acre plot and directed the same to revert to original use, which is development of nursery school for the residents.
Mr Joseph Mungai Gichuru and his wife Lucy Wairimu Mungai, the last owners of the plot, and who claim to have bought it in 2007 after doing due diligence are now in court seeking to reverse the NLC decision.
“Leave be granted to the applicant to apply for orders … prohibiting the 2nd respondent from effecting the decision of the 1st respondent made vide Gazette notice … dated November 9, 2018 revoking the applicant’s title,” reads one of the order sought.
They have listed NLC and Chief Land Registrar as the respondents.
The petitioners argue that before purchasing the land they did due diligence which allegedly returned that the plot is a private land.
The couple claim to be the fifth owners of the land.
However, they claim that the land use at the time was for the development of nursery school and they faced opposition from the residents pushing for development of a school within the locality.
Mr Mungai, an engineer who works in Eldoret, says that they asked the vendor, Mr James Kariuki Nganga to undertake the change of user from nursery to residential which he allegedly did.
The couple claim that they had started mobilising materials for the development of their property when they learnt that their title had been revoked.
They claim the NLC failed to give them right to be heard before revoking their title.