President Uhuru Kenyatta’s cousin Ngengi Muigai is seeking to be allowed to introduce new evidence in a case in which he lost 443 acres of land to a bank over loan arrears.
KCB Bank auctioned the parcel of land in Kiambu County with an estimated value of Sh3 billion for defaulting in repayment.
KCB later sold the land to Bidii Kenya Ltd for Sh70 million in 2007.
In 2017, a three-judge bench held that further litigation in the 25-year-old dispute had to stop so as to protect the integrity of the court and KCB that lawfully sold the land.
But through lawyer Marete Githinji, Mr Muigai Thursday told the Court of Appeal that he has obtained new and compelling evidence that can help set aside the earlier judgment.
He said the consent earlier entered in court between the bank and him was foreign to him as he had not authorised it.
He urged the court to allow his case to be heard by a five-judge bench.
“The issues we will be raising are so serious because they are likely to affect several judgments issued by this court on the matter,” Mr Githinji said.
Judges Roselyn Nambuye, Milton Makhandia and Jamilla Mohamed directed that the file be presented to the President of the Court of Appeal to consider the request.
Lawyer Philip Nyachoti, for the bank, said the request for a five-judge bench was an administrative issue and that KCB will leave the matter to the court.
Lawyer Issa Mansur, representing Bidii Kenya, said the issues raised did not warrant the expansion of the bench, but Mr Githinji said the issues may appear insignificant to the bank and Bidii Kenya, but not to Mr Muigai.
Through his Muiri Coffee Estate Ltd, Mr Muigai had used the land as security for Sh11.5 million, which another of his firms, Benjoh Amalgamated Ltd, needed to secure a loan from KCB.
On defaulting in repaying the loan, KCB sold the land.