CJ Martha Koome appoints judges to hear land case after seven-year wait

Lawyer Gibson Kamau Kuria (right) addresses members of Ildamat clan after a three-judge bench appointed by CJ Martha Koome held its first sitting on the case. [Robert Kiplagat, Standard]

Chief Justice Martha Koome has appointed a three-judge bench to hear a Ntulele Group Ranch case over a 56,000-acre ranch. The case by 7,000 members of the group ranch in Narok East Constituency has dragged in court for more than seven years.

Justices Charles Mbogo, Emmanuel Washe and Gicheru Nduiga will preside over the case after a bench that was appointed by former Chief Justice Willy Mutunga on December 18, 2012, could not proceed with the matter.

Dr Mutunga had appointed Justices Roselyn Wendo, Anyara Emukule and Abigail Mshila to hear and determine the case. The new bench had its first sitting on Friday, October 29, where the bench set January 26, 2022, as pre-trial hearing date for the case.

Lawyer Gibson Kamau Kuria, who represents the Ildamat clan, said: “I would like to thank CJ Koome for appointing the three judges to hear, determine and eventually dispose of this case. It has been seven years since retired CJ Willy Mutunga directed the bench to be created.”

Justice Mbogo directed the applicants and the defendants to prepare their documents for the hearing date.

The Narok Land and Environment Court Judge Mohammed Kullow, according to Kuria, had informed the parties to wait for the then Chief Justice David Maraga to appoint a three-judge bench to hear the case on October 5, last year, but that did not happen, as the CJ retired.

The adjudication section that was declared in the year 1970 has been a source of conflict between the populous Purko and minority Ildamat and Keekonyokie clans.

The land’s issue has been a source of conflict for the last 40 years, and at one point led to bloodshed, making it difficult for demarcation. Last June, some residents saw President Uhuru Kenyatta to State House, Nairobi. The President, oblivious of the preexisting court orders, allegedly gave out a 21-day ultimatum for demarcation to be done and title deeds issued to the residents.

Following the directive, Lands Principal Secretary Nicholas Muraguri and top lands officials toured the area and later joined Governor Samuel Tunai in pledging to implement the President’s directive, terming the move a milestone in reconciling the feuding clans.

The development, however, took a new twist on June 11, when the aggrieved Ildamat clan, through Mr Kuria, filed a petition at the High Court in Nairobi seeking to stop the presidential directive and citing unfairness.

The Attorney General and Lands Principal Secretary were marked as respondents. In the petition certified “very urgent,” the Ildamat claimed the adjudication sections had been tampered, thus contravening their rights. “We act on behalf of the 608 members of the Ildamat clan who jointly with others from Purko and Keekonyokie clans that own the 56,000-acre Ntulele Group ranch, whose total membership is 2,222, according to adjudication section completed in 1981,” read the petition.

Kuria, in the petition, insinuated that the President might have been misled on the matter since the group ranch had an impending court order. “Our clients are saddened by the discovery of the fact that your officers at Narok land adjudication offices have not informed the President of the impending suit and existing orders issued February 10, 2009, stopping the exercised,” added the petition.

The petitioners implored that failing to inform the President of the facts would make him (President) appear not to respect court orders which sought to stay until the matter is heard and determined.

The 2009 order issued by a Nairobi High Court directed that the Attorney General, Narok Adjudication area, Demarcation officer-Ntulele section, District Commissioner, the then AREA MPlate area MP William ole Ntimama and Lands Minister be retrained from purported cancellation on November 26, 2006.

The Ildamat in their over 20 demands wants to get an equal share as other 2222 members in the 56,000-acre land, they also want the November 26, 1992 notices purportedly creating new adjudication sections namely Nkorienito, Iloioborlungung,Oltepesi, Shilare, Ntulele (Ildamat) among other sections such as Olosholepunya, and Olenkumei be declared as null and void for being unreasonable and arbitrary.

They also want the purported September 26,1986 sub-division of the parcel of land comprised in the Ntulele adjudication section amongst Ildamat, Purko and Keekonyokie clans to be declared illegal, null and void.  

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