VIDEO: 8 years ago in 2012, Jomo Kenyatta’s step-brother Peter Mungai Ngengi moved to court alleging that he was wrongly deprived of his three and a half acre piece of land in Ichaweri Gatundu by the late Jomo Kenyatta, in collusion with the ministry of Lands.
In the suit, Mama Ngina Kenyatta was named as the first respondent, President Uhuru Kenyatta was the second respondent and the Attorney General was third respondent.
Uhuru’s name was struck out of the case when he became President due to a clause in the Constitution which gives a sitting President immunity from legal proceedings.
Peter Mungai alleged that his land was wrongly given to the first president by the Ministry of Lands without any compensation being made to him.He had further alleged that the Ministry of Lands proceeded to transfer the said land to Jomo Kenyatta without any regard to the subsisting rights of the petitioner.
In 2015,Peter Mungai Ngengi lost the case when Justice Joseph Onguto struck out the petition claiming that Peter had not submitted any evidence to prove ownership of the land. Mama Ngina Kenyatta’s lawyer Wainaina Ireri and the Attorney General had both filed a notice of preliminary objection to the suit on October 8, 2014 on grounds that the claim was time barred under the Limitations of Actions Act Cap 22 of the Laws of Kenya. The Act prohibits a person from suing on a land matter after 12 years.
The petitioner had alleged that his land was wrongly alienated and granted to Jomo Kenyatta by the Ministry of Lands without any right for compensation being made to him which he said offends section 75(1) of the Constitution which stats that a person cannot take another person’s land without full compensation.
In part of the petition filed before the court, Peter Ngengi said ” The late Jomo Kenyatta and the Ministry of Lands caused my land to be merged into one big piece of land now known as land reference number Ngenda/Kimunyu/982 to make home for the founding father and popularly known as ‘Ikulu’ or Gatundu home of Jomo Kenyatta,”
Source-standardmedia.co.ke
