A family in Kilifi County has appealed to the government to help it regain ownership of an 11-acre piece of land as ordered by the court.
Ms Bahati Kazungu has not been able to enforce a court order directing Kilifi land registrar Stella Kinyua to register the parcel of land valued at Sh250 million to her late husband Said Adam Kazungu.
According to the order issued on July 27, 2020 by Kilifi Senior Principal Magistrate James Kituku, the registrar was directed to revoke the title registered in the name of Kibokoni Properties Limited and register the property under Kazungu within seven days.
Bahati and her son, Juma Kazungu, had filed an application at the court on June 13, 2020. However, the widow now says that efforts to have the court order implemented have been frustrated by the Kilifi land registry.
“My sons have made several trips to the offices and came back with nothing” she said.
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The family has been pursuing the ownership document to respect their father’s wishes.
“Before my husband died, he told his sons to follow up on the land and sell part of it so that they can construct houses for me and his three other wives,” said Bahati.
The land registrar declined to comment on the matter and only provided documents indicating that Kazungu may have forged the power of attorney to sell property. The Ministry of Lands had on the May 22, 2020 written to Kilifi County land registrar directing that the title of the property be given to Kazungu.
Earlier, on April 17, 2020, the National Land Commission (NLC) had directed the registrar to issue Kazungu with a title deed. The commission wrote that it had verified that the land legally belonged to Kazungu.
Kibokoni Properties through its advocate Tom Kopere filed a complaint with Chief Justice David Maraga and the Judicial Service Commission dated August 10, 2020, against the order by the Kilifi senior principal magistrate.
The lawyer protested that Kituku gave the order without involving his client, accusing the magistrate of “improper and illegal use of judicial authority”.
The lawyer attached records of previous court proceedings dating back to 2005 indicating that the property was registered under Kibokoni Properties Limited on September 7, 2010. The firm’s lawyer faulted the magistrate for overruling four previous decisions of the High Court.
“Why did the magistrate issue orders without listening to Kibokoni Properties Limited and the land registrar who are listed as defendants? We want the Judiciary to investigate the improper and illegal use of judicial authority,” he wrote.