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  • 10/27/2023
Embakasi East MP Babu Owino now says the controversial Njiru farm does not belong to former Starehe MP Gerishon Kirima or his family. https://bit.ly/3Q9Mh93
Transcript
00:00 Thank you very much, members of the press.
00:04 I'm Babu Owino, member of Parliament in Barkasi East constituency.
00:09 I'm here to talk about
00:13 the purported
00:16 Kirimas land at Mihango and Njiru in Barkasi East constituency and the
00:24 judgment that was issued
00:29 by the Environmental and Land Court just recently. And I'm here with new
00:36 development which is a sigh of relief
00:42 to my constituents. I want to give assurance to the
00:45 Mbakasi East residents and Kasarani residents, the Kasarani constituency
00:51 residents, that there is light after the tunnel.
00:58 That number one, the said land in question
01:04 with an original LR number 5908 stroke 8
01:13 stroke 1, the original LR number
01:18 5908 stroke 5 stroke 3.
01:24 That this said parcel of land does not belong to Kirima
01:32 neither does it belong to Kirima's family.
01:38 I've gone further as a member of Parliament, used my resources,
01:43 I've done my investigation and today I'm here with the relevant documents
01:53 showing the original owner of the said parcel of land
02:00 and we've gone further to bring this person
02:05 all the way from Italy. As we speak, he is in Kenya
02:13 and we are going to court to claim this land.
02:18 The said parcel of land does not belong to Kirima
02:22 for the following reasons. Number one, proof of ownership of land
02:30 is by having a title deed or rather producing a title deed before a
02:37 competent court of law. The document that I have here
02:43 is a document that was drawn in 1966. This document
02:51 is called an indenture. An indenture in those days, 1966, there
02:58 was no title deed and what was being issued by the
03:02 government is this document called an indenture.
03:06 We have the original copy of this that shows that this said parcel of
03:12 land was sold to Mr. Domenico
03:17 Di Masi, an Italian, and he bought it from Mr. Soeklal
03:26 Madoram. As you can see this document,
03:37 the said parcel of land in question, the original LR number
03:42 was 5908/5/3. The current LR number is 5908/8
03:51 and that is what was being contested in court. I want to explain to members
03:57 of the public that if this
04:03 land, parcel of land, if at all it belongs to Kirima's family,
04:09 then number one, Kirima's family must produce the original
04:16 title deed which is in our possession as we speak
04:19 and that is why we are going to court for that matter.
04:23 He must produce completion documents. Apart from the title deal,
04:31 he must produce other completion documents
04:35 like number one, the ID copy of the person who sold in the land,
04:40 number two, passport sized photographs, number three, rent clearance
04:47 certificate, rates clearance certificate,
04:52 the transfer form must be produced before a competent
04:57 court of law. We must have proof of payment because if this parcel of land
05:04 was sold to Kirima, then there must be proof of payment.
05:08 Without all this, then all the claims are hot air.
05:15 I want to clearly state that the new owner, the original owner
05:22 of this parcel of land is now in Kenya. We are moving to court
05:28 and why did the court make a judgment in favor of Kirima's
05:34 family? It is because it is a few residents
05:38 who went to court having been threatened that they will be evicted from the same
05:43 parcels of land, petitioned. So it was
05:49 their duty because he who alleges must prove.
05:52 It was their duty to prove their case.
05:58 But since they didn't have the original title deeds,
06:01 they could not prove their case. So in this situation,
06:06 it will be our role to prove that this parcel
06:09 of land or rather the parcel of land, the thousand acres
06:13 belong to Mr. Dominica Di Masi, who is now since deceased.
06:21 The son is still alive. He brought the son all the way from Italy.
06:25 He's here. He's the heir apparent and we have some documents here from the
06:31 High Court of Kenya, Certificate of Confirmation of Grant.
06:36 And I will shortly read it. I hereby certify that above
06:40 written grant of representation to the estate of the late Dominica Di Masi
06:45 issued to Bernardo Vincenzo Di Masi, herein named
06:52 at this 31st January 2011, being confirmed by the court,
06:58 pursuant to the provisions of section 71 of the Laws
07:01 of Succession Act,
07:04 dated at Nairobi this 31st January 2011.
07:10 This is a document from the High Court
07:15 that clearly shows it is a Certificate of Confirmation of Grant.
07:21 So therefore, very soon we are going to
07:25 call Kirima's family to court to answer, to produce relevant documents.
07:32 This is an original map that shows
07:39 this parcel of land and if you can see here, if you can just zoom here,
07:44 members of the press, from here coming this way, this is the
07:50 contested parcel of land or the land in question,
07:54 this straight one.
07:59 So we've done our homework. My people, I can assure you that I will
08:04 fight for you. I will fight for you. You are not going
08:08 to lose this. We are going to win this battle because
08:12 it is not a war. It is a small thing. It is a storm in a cup of tea.
08:16 We are going to win it very soon. Thank you.
08:20 At least, mwende mkule Christmas vizuri, msive na wasiwasi,
08:24 dokuments zote zi ko apa, mimi ni kona nyiny.
08:27 Iyi si mambo ya mavoko ile enye tu aleta tu puzi apa na pale,
08:31 iya tu ta wachiliya, iyi tu ta pigana vibaya sana, na kuta ko na mchezo
08:35 and that is why you elected me. To represent you, not to misrepresent you
08:40 and that is my sole responsibility.
08:44 Thank you.
08:48 [BLANK_AUDIO]

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