President Uhuru Kenyatta’s cousin, Ngengi Muigai, is seeking leave to introduce new evidence in a fresh attempt to reverse a land case judgment in which he lost 443 acres to Kenya Commercial Bank #ticker:KCB over loan arrears.
The land in Kiambu County valued at about Sh3 billion was auctioned by KCB after Mr Muigai defaulted on loan repayment. KCB later sold the land to Bidii Kenya for Sh70 million in 2007 after successful litigation.
In 2017, a three-judge bench of the Court of Appeal held that further litigation in the 25-year-old dispute had to stop so as to protect the integrity of the court process and also to protect the lender that lawfully sold the land from unending litigation.
On Thursday, however, Mr Muigai through lawyer Marete Githinji told the appellate court that he has obtained compelling evidence that has the effect of having the judgment set aside and another in his favour issued. Mr Muigai said he had not authorised the consent between him and the bank earlier entered in court and asked that the case be heard by a five-judge bench.
“The issues we will be raising are so serious because they are likely to affect several judgments issued by this court on the subject matter,” explained lawyer Githinji.
Court of appeal judges Roselyn Nambuye, Milton Makhandia, and Jamilla Mohamed directed that the file be presented to the appeal court president to consider the request to expand the bench to five.
Philip Nyachoti, the lawyer for the bank, said the request for a five-judge bench will be decided by the court.
Issa Mansur, representing Bidii Kenya, said the issues raised did not warrant the expansion of the bench, but Mr Githinji said the issues are significant to Mr Muigai.
Mr Muigai through his Muiri Coffee Estate Ltd used the land as security for Sh11.5 million that one of his firms — Benjoh Amalgamated Ltd — needed to secure a loan from KCB.