A protracted land dispute pitting former First Lady Mama Ngina Kenyatta and his brother-in-law over the ownership of her ancestral home in Gatundu ended yesterday after the case was dismissed.
Justice Joseph Onguto struck out the case filed by Peter Ngengi, President Jomo Kenyatta’s step brother, saying the petitioner did not submit any evidence to prove ownership of the land.
The judge also faulted the elderly man of taking too long to lay claim to the land.
Ngegi alleged the land was wrongfully taken from him by the late Kenyatta and his family to expand their Ichaweri home in Gatundu South.
â€œItâ€™s apparent the case before court is not academic, but one which the applicant believes he was genuinely deprived of his rights. However, I’m unable to hold that the suit before court raises a constitutional matter. It is evidently time barred and the court cannot issue the remedies sought,â€ Onguto ruled.
The judge said according to the documents provided by lawyer William Kabaiku, who represents Mama Ngina, the land was registered to Mzee Jomo Kenyatta even before he became President.
The judge said even if Ngegi’s claims were true, the suit before him was not of a constitutional nature but that of fraudulent acquisition of an individual’s property by another individual.
â€œCourt must be vigilant not entertain frivolous cases that donâ€™t fall into their realm of jurisdiction. Busy bodies must be locked out,â€ he said.
Ngegi could have brought the case soon after Kenyatta died if he genuinely wanted to pursue his claims, Onguto said.
-Â The Star