Uhuru kin loses bid to remove name from land grab report

Politics and policy

Mr Ngengi Muigai wanted his name expunged from the Truth Justice and Reconciliation Commission report. PHOTO | FILE 

By MAUREEN KAKAH

In Summary

• High Court judge Weldon Korir on Thursday ruled that the TJRC report is a public document which has to remain as it is therefore he could not issue an order or directive to expunge Mr Muigai’s name as per his request in the suit.

A kin of President Uhuru Kenyatta on Thursday lost a bid to have his name removed from a 2013 report on illegal land acquisition.

High Court judge Weldon Korir dismissed a case in which Mr Ngengi Muigai, who is Mr Kenyatta’s cousin, wanted his name expunged from the Truth Justice and Reconciliation Commission’s (TJRC) report on illegal land acquisition.

Justice Korir ruled that the TJRC report is a public document which has to remain as it is therefore he could not issue an order or directive to expunge Mr Muigai’s name as per his request in the suit.

The judge pointed out that nothing had happened since the report was published two years ago and that if its recommendations are to be implemented, Mr Muigai would be accorded an opportunity to defend himself.

He also said that removing his name from the report would not be in the interest of the public.

“The report shall remain intact, mutilation of the report as proposed by Mr Muigai would not be in good interest of the public. The recommendations of the report have not been implemented, however when that time comes he can defend himself before the relevant body,” Mr Korir said.

The judge also said that there was no evidence that Mr Muigai had questioned findings of the report hence granting the orders sought would mean to quash it yet it is a public document.

“Mr Muigai had a strong case to warrant the orders but since there was no evidence submitted questioning the report which remains a public document, I can only dismiss the application,” he ruled.

Mr Muigai had sued the TJRC, the Inspector- General of Police, the CID Director and the Attorney- General, following allegations in the report that the late President Jomo Kenyatta gave him a grabbed parcel of land unlawfully as a wedding gift.

Mr Muigai, who is the President’s nephew, wanted the court to compel TJRC to produce evidence that he was given the disputed land. He had challenged allegations that he irregularly acquired land in Karura forest in 1997.