Land Case of Former Judge Chitembwe Fails to Proceed for Hearing

By The COAST Reporter

A former judge has challenged Ministry of Lands officials’ decision to cancel a title of his prime land in Mombasa County on the basis it was reserved for a school failed to proceed for hearing.

The judge, Said Juma Chitembwe’s case that was to be heard today, February 17, 2026 and tomorrow, Wednesday was adjourned after some parties informed the court that they were not ready to proceed with the hearing.

The former judge accuses the officials, including those from a lands agency of violating his rights by taking his land and awarding it to Mombasa Parents Club (Nyali Primary & Kindergarten) without compensation.

He has sued the National Land Commission (NLC), the national treasury cabinet secretary, the chief land registrar, land registrar, the attorney general and Mombasa Parents Club.

Lawyer Augustus Wafula representing Mr Chitembwe told the court that he had been served with voluminous documents by his colleague representing Nyali Parents club and had not been able to go through them with his client.

Another lawyer representing NLC told the court that a colleague handling the case was away on official duties and urged the court for indulgence.

On her part, the AG told the court that she contacted a lands official on Monday to get instructions and that she had informed the petitioner’s lawyer.

Justice Yuvinalis Angima of the environment and land Court in Mombasa directed the case to be heard on May 19 this year.

“The suit is taken out since the parties are not ready to proceed today, the respondents to file their documents within 21 days,” ruled Justice Angima.

Mr Chitembwe is seeking a declaration that he is the owner of the land Plot Subdivision No 112777 (Original number 10074/1) Section 1 Mainland North.

The former judge says he is the owner of the parcel of land having purchased it from the then registered owners Idris Hussein Mohamed in 2004.

In his petition, Mr Chitembwe argues that he has been in occupation of the land from 2004, has massively invested in it and that he is an innocent purchaser of the land and whose rights to the property are protected under the constitution.

He claims that sometime in 2022, Mombasa Parents Club lodged a complaint regarding the land with NLC alleging that it was allocated the land in 1990s for the development of a school and requested for an inquiry to establish the legality of his title.

“The first petitioner (Mr Chitembwe) avers that the first respondent (NLC) invited parties to an inquiry on January 2022 and after hearing, it was required to make a determination within a reasonable period of time,” part of the petition states.

According to Chitembwe the commission is yet to render its decision on the matter since January 19, 2022 and the failure to do so has violated his rights.

The former judge says that in a twist of events, it has come to his knowledge that NLC, CS Treasury, the chief land registrar and the land registrar have purported to issue another title to Mombasa Parents Club to the parcel of land he owns.

This, he says, is without prior cancellation of titles first held by the petitioner and others thereby creating illegal parallel titles to the same piece of land in total violation of principles of legality.

Mr Chitembwe says that it has come to his knowledge that the chief land registrar vide a letter dated April 14 (which year) directed the Land Registar to cancel his title without according him a hearing in total violation of his right to a fair hearing.

He says that NLC, Cabinet Secretary for Treasury, the Chief Land Registrar and the Land Registrar have no authority or power to cancel his title without according him a fair hearing and that any purported cancellation, if any, is null and void.

The former judge further argues that the respondents have violated his right to use and occupy land and also a right to fair administrative action by failing to render a decision in respect of the Mombasa Parents Club complaint heard on January 19 2022 and then purporting to issue a title in respect of the land, subject of the complaint.

“The respondents have acted illegally in purporting to cancel his title on the basis that it had been reserved for a school when there is no evidence of any such reservation,” argues Mr Chitembwe.

He says that the respondents have breached the national values and principles of governance by occasioning the registration of fictitious and illegal title in favour of Mombasa Parents Club thereby exposing him to substantial loss especially when he relied on records maintained by the respondents to purchase the land from previous owners.

Mr Chitembwe wants a permanent injunction issued restraining the respondents and agents from interfering with his ownership occupation or title to his land.

He also wants a declaration that the Mombasa Parents Club title held by the CS National Treasury is null and void and wants an order issue that it be cancelled.

The former judge also wants general damages for violation of his rights.