Former First lady Mama Ngina Kenyatta has asked the High Court to dismiss a case challenging her ownership of two prime plots in Nakuru. Mama Ngina has faulted the case brought against her by Isaac Kirubi, a retired doctor.
In an application filed before Judge Anyara Emukule, Mama Ngina said her rights will be violated if the case is heard before Isaac Kirubi, the petitioner, does not state reasons for suing her.
The former First Lady said Kirubi has failed to proof that he once owned the two plots. Kirubi filed a constitutional petition in 2010 alleging that Mama Ngina had infringed on his rights to own property.
The retired doctor alleges that the land was forcefully taken from him in 1974 in a conspiracy between President Kenyatta and the then land commissioner, James O'Loughlin.
Kirubi wants the High Court to declare the acquisition null and void and the land reverted back to him. He claims that Kenyatta, Mama Ngina and O'Loughlin violated his rights to protection from deprivation of property.
Kirubi availed documents showing a loan he obtained to help him develop the disputed parcels of land. In her reply to the suit, Mama Ngina said she acquired the 0.8 hectar land legally and denied conspiring with any government official to forcefully and illegally take possession of the properties.
Mama Ngina claims Kirubi surrendered the property to the government and was compensated with Sh133,788. She also filed a document showing the land was allocated to Kenyatta after a payment of Sh30,000.
Mama Ngina says the matter is time barred because the petitioners are filing the case 35 years after the alleged action occurred. Both parties will appear in court on April 10 for submissions.