Property case filed against Raila flops

NASA Leader Raila Odinga addresses mourners at the burial of Prof Oeri Tumbo at Mosocho Kisii County on 16.3.2018.[Photos Sammy Omingo/Standard]

Environment Lands Court has dismissed a 21-year-old case filed against former Prime Minister Raila Odinga by a proprietor over alleged destruction of property.

Evan Ngugi had sued the opposition leader seeking compensation, alleging that Raila, then Langata MP had caused his property to be demolished by a group of youths in Nairobi West.

Justice Bernard Eboso in his decision released yesterday observed that Ngugi, had failed to prosecute his case. The case had initially been dismissed in 2003 by Justice Jackton Ojwang, then a High Court judge after Ngugi and his lawyer failed to appear before the court. “The file shall be marked as closed on account that the suit had abated and the defendant (Raila) has not sought costs,” ruled Justice Eboso. The case was filed on July 28, 1997.

Ngugi claimed that on June 26, 1997, a contractor he had hired to construct offices and a shop in his land came running to him alleging that the former PM, accompanied by youths had started destroying the property then.

“They claimed I had stolen the property and I should have been there,” claimed Ngugi.

According to Ngugi, he had been issued a title deed after paying Sh30,000 to the Lands Ministry. After presenting the letter to the court, Raila’s lawyer Ojwang Agina objected saying its authenticity could not be ascertained as it was a photocopy.

The judge hearing the case then, Justice Benjamin Kubo expressed his disbelief on how the lands office was dealing with land issues.

“I must express my surprise at the practice ascribed to the lands office whereby they issue allotment letter in photocopy form. Why would the authority which issued the letter want to retain the original which in normal practice ought to go to the address?” asked Justice Kubo.

In reply, Raila denied the allegations and told the court that the allegations were masked to settle political scores.