The Environment and Land Court has permitted more than 440 residents from Kachero in Taita Taveta County to proceed with their case seeking ownership of land held by Mama Ngina Kenyatta and Basil Criticos.
The residents seek recognition of their right to housing on the land, stating they do not dispute Mr. Criticos' ownership but want a promise made to them fulfilled. The case also names the National Land Commission, the Chief Land Registrar and the Attorney General.
The court ruled that no similar case had been decided before and described this as a constitutional matter involving property rights and housing. It noted that earlier cases cited by Mr. Criticos, including one filed in 2023 and decided in December 2025, differ in parties, issues and remedies sought.
Mr. Criticos opposed the application through his lawyer, arguing the land is the same and the Chief Land Registrar is a defendant in all cases. The court ordered all parties to file responses and set a date for the full hearing.