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Why Njiru land doesn't belong to Kirima, his family - Babu Owino
The Star Kenya
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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
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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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