A property dispute pitting the Kenya Defence Forces (KDF) and a farmers' company is yet to kick off in court, eight years later.
Since 2015, the Rumuruti Farmers Ltd comprising 212 members had been fighting KDF over the possession of the 1,200-hectare land in Gilgil, Nakuru County. The case had been scheduled for hearing from Monday to Wednesday this week, but Justice Anthony Ombwayo proceeded on leave.
In a notice made public by the court, the case has now been pushed to June 6, for mention.
In 2021, Justice John Mutungi was to hear the case for three days but it was adjourned and has never been heard. The case was postponed after KDF was granted leave to add another 'key' witness to the case, following an application by Colonel Symon Cheberek, KDF's lawyer.
The firm, through lawyer Kipkoech Ngetich, sued the Defence CS, Chief of Defence Forces, Service Commander of Kenya Army, Attorney General, National Lands Commission and land and Physical Planning Principal Secretary.
The dispute between the land-buying company and KDF escalated when the KDF fenced off the property and started evicting its members, forcing the company to move to court.
In the suit, the firm seeks compensation for members who were evicted from the land.
"The efforts to prevent the officers from taking over the land proved futile and the petitioners' constitutional rights were violated in the watch of the Ministry of Defence heads," says Kipkoech.
He says parts of the block were subdivided into various plots and title deeds issued before KDF encroached on the land in 2011. KDF argues that the company was unlawfully allocated the land. "The State acquired the land from Ol Burgel Ltd for military use pursuant to the land acquisition Act, in 1968," claims KDF.
