Former First Lady Mama Ngina Kenyatta and former Taveta MP Basil Criticos have sued over 1062.3 hectares of Taita Taveta land.
They have sued the Chief Lands Registrar and the Attorney General for allegedly neglecting to grant them a Certificate of Title for the land.
They are now asking the court to order the land registrar to provide them with the original certificate for Tittle Land Reference LR No. 10287/7 Taveta, claiming they are the registered property owners.
“The applicants are the joint operators and owners of the parcel of land known as LR No. 10287/7Taveta …….,” reads court papers.
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They claim the registrar failed to provide them with the Certificate of Title.
According to the couple, before the subdivision of the land, they were the registered owners as joint proprietors.
However, parties eventually divided the land and transferred the subdivisions, which were registered, and each granted their certificate of title.
"It is now over one year since the property was registered under the provisions of the land registration act, and the registrar has failed to issue to the applicants the said certificate of title," according to the petitioners.
They claim that the refusal to issue the certificate has deprived them of the right to use it as proof of ownership of their property plot.
“The registrar is the custodian of the said documents and is the only person to explain why the applicants have been denied their said certificate of title,” they say.
As the situation is urgent, the two have been granted leave to address the points made and must serve their motion within 14 days.
The case will be brought up again on March 5 to report compliance.
