Court stops burial of former MP on contentious piece of land
A resident of Tuthu, Murang’a, has obtained a court order barring the burial of former Kangema Member of Parliament Tiras Nyingi Ngahu on a piece of land he claims belongs to him.
Gabriel Macharia obtained the orders restraining Mrs Lydia Njoki Maguta from burying the late Ngahu in the disputed parcel of land until the application lodged is heard and determined.
Kangema Senior Principal Magistrate Peter Kiama ordered for an inter party hearing on the matter on March 9, 2022.
“A temporary injunction is hereby issued restraining Ms Maguta, her servants or agents from disposing of the body of the late Ngahu in the suit land,” the magistrate ruled on February 15.
The former lawmaker who served Kangema constituency between 2012 and 2017 died on February 12 at a Nairobi hospital following stomach cancer.
In the suit papers, Macharia in the certificate of urgency application argued he will suffer an irreparable loss, if the burial takes place as his family holds the original title of the suit land
“The suit land is a subject in a rather contentious court battle,” said Macharia’s lawyer Robert Ndung’u in an affidavit.
The original title deed, Macharia said, is held by a bank as the land was collateral for a loan his late father Anjelo Kanyuanjohi Macharia had taken prior to his death.
On January 21, 2014, Macharia was granted a letter of administrator in the estate of his father.
On his part, the former MP bought the land measuring approximately 5 acres at Sh2.4 million in March 2008; on which he has built a mansion whose value is estimated at Sh15 million.
In the papers, a former senior lands registrar has been mentioned to have led Ngahu to buy the land he later developed.
Murang’a DCI kicked off an investigation in 2011 on a land fraud case after Macharia reported a forgery matter involving the suit land.
The burial was scheduled for next week in Tuthu village.