REPUBLIC OF KENYA

IN THE CHIEF’S MAGISTRATES COURT AT NYAHURURU.

ENVIRONMENT & LAND COURT.
MC-ELC NO E40 OF 2022.
PETER G MWANGI -------------------------- --------- PLAINTIFFF/RESPONDENT
-VERSUS-
STEPHEN KIPNGETICH MAIYO ---------- --------- 1ST DEFENDANT.
JECINTA NJOKI NJOROGE------------------ --------- 2ND DEFENDANT.
HENRY NYAGA KINYUA --------------------- --------- 3RD DEFENDANT.
OMBORI ALFAYO ----------------------------- --------- 4TH DEFENDANT.
MURIITHI KAMAU ---------------------------- --------- 5TH DEFENDANT/ RESPONDENT.
-AND-
JECINTA WANGUI MUGUONGO---------- --------- --------- -------- APPLICANT.

REPLYING AFFIDAVIT.
I, PETER G. MWANGI I/D 0693871 and a resident of Laikipia County within the Republic of
Kenya do take oath and solemnly swear:-

1. THAT I am an adult male of sound mind and the Plaintiff/Respondent herein hence
competent to swear this Affidavit.

2. THAT I have duly read the Applicant’s Notice of Motion and the Supporting Affidavit
both dated 18.07.2022 and the same is opposed.

3. THAT the Respondent lacks locus standi to be enjoined as a party to this suit as she has
no discernible interest in the parcel of land title number L.R. SIPILI/DONYOILOP/BLOCK
1/4282 (LAIKIPIA).( hereinafter referred to as the “the suit land” where the context so
admits) nor the outcome of this case for the reasons hereunder:-

1.
[a] THAT the Applicant has not tendered an Official Search Certificate nor a Green Card
to corroborate and authenticate the Photostat title deed copy annexed on the
Supporting Affidavit.

[b] THAT the annexed photocopy of a title indicating to relate to the suit land is a mere
forgery and should be expunged from the court records.

[c] THAT WITHOUTH PREJUDICE to the foregoing, the Applicant’s title deed dated
……………..( had it been authentic) would still not confer any rights nor interest on
the Applicant as the same would also remain vitiated by the court Orders directing
the Land Registrar to cancels all title deeds in respect the suit land.

[d] THAT it is true that I had filed another suit involving the same subject matter in
Nyahururu MC ELC No. 235 of 2015- Peter G. Mwangi -vs- Julius Thumbi,
Martha Wamaitha Ndegwa and Land Registrar, Laikipia District which was
dismissed and the court the title deed to the suit land cancelled and the land
reverted to the now defunct Laikipia West Farmers Co. Ltd. I lodged an appeal
against the said judgment but I withdrew the same and opted to make afresh
application for fresh registration as the absolute proprietor of the suit land.

[e] THAT I presented my documents to the Assistant County Commissioner, Ol Moran

Division who vide a letter dated 24.03.2021 cleared me to be registered as the
owner of the suit land Clearance Certificate. (Annexed hereto and marked “PGM-1”
is a copy of the Clearance for Title Deed letter dated 24.03.2021).

[f] THAT I lodged a fresh application for registration as the owner of the suit land with
the land registrar, Laikipia County who issued me with a title deed of the suit land.
(Annexed hereto and marked “PGM-2A” & “ 2B” is a copy of the Title Deed dated
24.04.2021and Official Search Certificate dated 4.5.3021 respectively).

2.
 4. THAT the Applicant has not cogent evidence showing that she has any interest on the suit
land and her application should be dismissed with costs to allow for the expeditious
determination of this suit.

5. THAT all matters deponed to herein are true to the best of my knowledge, information
and belief.

SWORN at NYAHURURU.
By the PETER G MWANGI. )
On this…..day of…………2022. ) ……………………………
)
BEFORE ME:- )
)
)
)
COMMISSIONER FOR OATHS.

Drawn & Filed by:-

Muchangi Patrick & Co. Advocates.
Mwanjo Arcade Building 1st Floor, Room 28.
P.O. Box 1565-20300,
NYAHURURU.

Email: muchangi@lawyer.com.
Tel:- 0722-878 607.

To be served upon:-
Kariuki Mwangi & Co. Advocates.
Kimwa Centre, 2nd Floor.
P.O.Box 468-20300,
NYAHURURU.

Email:kariukimwangidavocates@gmail.com.
3.