PRESIDENT Uhuru’s name has been struck out from a case filed against him and his mother Mama Ngina by their relative over allegations of land grabbing. The constitution gives the president immunity of legal proceedings.
Peter Ngengi, a brother of the late Mzee Jomo Kenyatta had accused Uhuru and his mother of wrongfully depriving him of his three and a half acres of land at Ichaweri village in Gatundu, Kiambu county.
Mungai filed the case on October 7, 2012 seeking orders to compel Uhuru, who was then Deputy Prime Minister and his mother to return the land to him. The case against the two had not reached the hearing stage.
On August 15, lawyer William Kabaiku filed an objection in court stating. “The petitioners claim against the second respondent cannot be continued in view of the provisions of article 143 (2) of the constitution," he said.
The article states that “civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this constitution”.
Lawyers acting for the three parties yesterday told justice Mumbi Ngugi that they had agreed by consent to remove Uhuru's name from the case. Ngugi, who handles constitutional and human rights cases, directed the file to be taken to the presiding judge in the Lands Division for mention on October 8.
“This matter pertains to title of land and property and it falls under the land and environmental division,” she said. Mungai said his land was wrongfully taken from him and given to the first president by the Lands ministry.
He said Kenyatta and his family took his land to expand their home. Mungai said the former was warned by their father not to move anyone from his land. But after their father died, the beacons dividing Mungai's and Kenyatta's land were uprooted by the former president.
“I put the beacons back to their rightful positions,” Mungai sid in a sworn affidavit. Mungai wants the court to order Mama Ngina to compensate him for dispossession. He also wants the court to order the government to repossess the three and a half acres from her and give it to him.
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