IDPs on disputed land stay put despite ruling

Tent pinched at Ombaka primary IDP camp were mothers continue to be an strong anchor to their families despite the situation facing them. [Michael Mute, Standard]

Victims of the 2007/2008 post-election violence continue to occupy a portion of a disputed 755-acre parcel of land in Nakuru County despite court decision that the land was irregularly acquired to settle them.

The land claimed by eight sisters, their sister-in-law and a niece was acquired by the government under the Internally Displaced Persons (IDPs) resettlement programme for the violence victims, after the State purchased the land from the family of Benjamin Wamanji Njoroge (deceased) in 2011.

However, the ten who are said to be beneficiaries of Njoroge’s estate want the families evicted.

The ten through the firm of Odhiambo and Odhiambo Advocates moved to court to contest the sale of the land to the government by their brother, Philip Kamau Njoroge.

Their advocate Steve Biko said the IDPs continue to cultivate, bury and excavate parts of the land in total disregard of the court orders. He noted that the continued occupation of the land by the IDPs has denied his clients access to the land.

They named the Attorney General, the Principal Secretary Ministry of Lands and Settlement, Principal Secretary Ministry of Special Programmes, their brother Philip Kamau Njoroge as respondents in the case. They also named 266 IDPs as interested parties in the case.

“The sisters are supposed to return to the land for purposes of distribution but the respondents have jointly and severally permitted a number of Internally Displaced Persons to take over, settle, cultivate, exploit and or otherwise generally occupy and illegally use and assume ownership of the Applicants suit land Ndong’a farm Subukia LR 6507/ IR 2195 against resistance by the petitioners and valid court orders,” said Biko.

They claim Njoroge failed to consult them when initiating and executing the sale agreement and were shocked to receive a letter dated August 8, 2011, from the law firm of Rachier and Amollo Advocates saying the firm had received instructions from their brother to sell Ndonga Farm, and distribute the proceeds to heirs of the deceased.

They filed a case at the Environment and Lands Court saying the actions by their brother and the government violated their rights.

Their petition was dismissed on May 26, 2022, as the court said it never met the threshold of a Constitutional Petition. They were, however, granted leave to institute a civil claim within six months of the judgment.

The IDPs on learning of a new suit filed in court filed a preliminary objection. They sought among other orders the exclusion of Ndonga farm from the succession proceedings of the estate of late Wamanji.

Justice Joel Ngugi, now Appellate Court judge, in January 2023 noted that the sisters proved the sale of the land was irregular.

“I am of the view that the applicants (the sisters) have placed sufficient material before this court that the sale and transfer of the property were irregular and illegal,” he stated.

The judge stripped Kamau of the administration of the estate citing that he acted un-procedurally.

The sisters through their lawyer have moved back to court under certificate of urgency.

Kanyi and nine others now claim the government has not surrendered the title to the court as ordered.