Timothy Njoya wants 'stepmother' found in contempt

What you need to know:

  • The cleric and Ms Maina have been fighting over the ownership of a four-acre parcel of land in Mukurweini, Nyeri County.
  • On Tuesday, Njoya told Nyeri Senior Principal Magistrate Phillip Mutua that the woman, Ms Mary Maina, commented about the suit in a local daily.
  • Maina denied speaking to the media, explaining that journalists accessed information on the dispute from the case file in the court registry.

Retired Reverend Timothy Njoya wants the woman claiming to be his stepmother cited in contempt of court for allegedly discussing a pending land dispute through the media.

Through Kamau Kuria Advocates, Mr Njoya on Tuesday told Nyeri Senior Principal Magistrate Phillip Mutua that the woman, Ms Mary Maina, commented about the suit in a local daily.

“She was quoted verbatim in the newspaper on December 12, 2018 commenting about the case. She discussed it in the newspapers,” said lawyer Munyori Karanja, who represented Senior Counsel Kuria.

The retired PCEA cleric and Ms Maina have been fighting over the ownership of a four-acre parcel of land in Mukurweini, Nyeri County.

The land was initially owned by Mr Njoya’s father, Nahashon Murere, who died in 1996. Ms Maina has been pushing to be declared its legal owner on grounds that she is the widow.

Reverend Njoya, however, says she was his father house maid, not his wife.

CASE FILE

In her response to the contempt matter, Ms Maina denied speaking to the media, explaining that journalists accessed information on the dispute from the case file in the court registry.

“There is no evidence of her prosecuting the matter in public as alleged. Court documents are public documents ... the media's access to the case file is not within her control ,” said Njeri Mukururi, Ms Maina’s lawyer.

Ms Maina allegedly told the media that she was the legitimate owner of the disputed land and denied that she was Mr Murere's help.

She was quoted as saying, “When you marry and have children, the children belong to [the place] where you are married. So if I’m evicted where will I take my children? To the grave where their father lies?”

The lawyers addressed the court during the hearing of Ms Maina’s application to stop the execution of the magistrate’s order for her to vacate the land and pay Mr Njoya Sh100,000 in nominal general damages for trespassing.

Ms Maina turned to the Environment and Lands Court to challenge the magistrate’s decision but later filed a notice to withdraw the suit.

A ruling on the application will be made on March 5.