Uhuru’s cousin loses 30 year battle to save 443 acre land
President Uhuru Kenyatta’s cousin, Ngengi Muigai, has lost a Supreme Court appeal seeking to stop KCB from auctioning a 443-acre piece of land he used as security for a loan in 1988.
Kenya’s top court Thursday declined to delve into whether judges can rely on proceedings in missing files to make a decision in cases where parties differ on the pleadings.
Mr Muigai had lodged an appeal against the Court of Appeal’s ruling that gave KCB the green light to sell the land belonging to the businessman’s company, Muiri Coffee Estate Limited.
The judges Thursday ruled that Mr Muigai did not raise the question of missing files in the High Court and the matter could therefore not be the basis of his appeal at the superior courts.
Mr Muigai had argued that his firm suffered a series of defeats in the lower courts on the strength of a disputed document contained in a file that went missing.
Muiri has since challenged the existence of the document-an agreement permitting KCB to auction the land if he defaulted on the loan.
Mr Muigai also claimed that one of KCB’s lawyers in the 1992 case only identified as Mr Meenye had not obtained a practising certificate from the Law Society of Kenya (LSK) when he represented the lender and that his participation in the matter should therefore have been declared null and void.
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