Mama Ngina, Criticos want registrar summoned for failing to issue land title
Crime and Justice
By
Kamau Muthoni
| Mar 12, 2026
Former First Lady Mama Ngina Kenyatta and former Member of Parliament Basil Criticos now want court to summon the land registrar for allegedly failing to cancel all illegally acquired titles and issue them with a provisional one for 2,624 acres of property they jointly own in Taveta.
The two, in their fresh application before Lands Court Judge Charles Mbogo claim that despite court orders issued on December 11, 2025, the registrar has been mute despite several reminders about it.
“The court should issue summons to the Chief Land Registrar to attend court and explain why the court order has not been complied with. The first respondent has refused to issue the provisional title over the suit property report within 14 days of the court order dated December 11, 2025 despite reminders and registration of the court order against the suit property,” their lawyer Allen Gichuhi told the court.
In his supporting affidavit, Criticos said that their lawyers had written to the registrar in December last year and in January this year about the compliance. Nevertheless, he said, the government official has never responded to the same to-date.
“The court has jurisdiction to summon the Chief Land registrar to court to explain why the court orders have not been complied with,” said Criticos.
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Initially, the former first lady and MP claimed that, despite being aware, the registrar had failed to release title.
They argued that the registrar’s move illegally denies them a right to property. According to them, there is no explanation why the titles have not been released to date.
“The breach or failure by the first respondent denies the applicants the statutory right to have or hold the said certificate of title as evidence of proprietorship of their said parcel of land,” they claimed.
In a supporting affidavit, Criticos said that he, alongside Kenya’s former first lady, jointly owned the property.
However, along the way, they split the land and transferred it to other parties.
Out of it, by 2022, the remaining land was 2624 acres.
The former Taveta legislator said he applied for a certificate of title. However, he said, the registrar has to date not released the crucial document.
“It is now over one (1) year since the property was registered under the provisions of the Land Registration Act, and the 1st respondent (registrar) has failed to issue to the applicants the said Certificate of Title. The refusal or delay by the 1st respondent to perform its statutory obligation or duty to issue the Certificate of Title is an unfair administrative act which is contrary to the Constitution and in breach of the law. I am so advised and verily believe,” said Criticos.
They argued that it was unfair for the registrar not to issue them with a title and keeping silent on the same.
The two sued the Chief Land Registrar, Nairobi and the Attorney General.
They asked the court to compel the registrar to do his work.
Justice Mbogo ordered that the case be served to the registrar. Thereafter, the registrar and the AG have 15 days to respond and file their responses.
The case will be heard on April 21, 2026.
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