Court rejects widow's effort to stop leasing of 4,296-acre Koinange family land

Former Cabinet Minister Mbiyu koinange's daughter Lena Koinange reacts after the ruling of the family property dispute was read. (Courtesy)

The family of the late former Cabinet Minister Mbiyu Koinange has lost its bid to halt the leasing of a contested 4,296-acre piece of land in Mau Narok, Nakuru County.

This came after the Environment and Lands Court in Nakuru dismissed an application filed in December 2024 by Margaret Njeri Mbiyu, the widow of the late minister, against Josephat Mpoe, Joseph Mpoe, and 22 others. Njeri had sought a permanent injunction to stop the Mpoes from leasing the land to third parties, invading the property, or interfering with the ownership rights to Muthera Farm LR No. 8669/3 in Mau Narok.

In her application, Njeri also requested the court to issue orders halting the excavation and removal of topsoil from Muthera Farm, which was allegedly being transported to Bomet County and other locations, pending the outcome of the case.

Njeri argued that she had been granted ownership of Muthera Farm and that since the confirmation of the grant, all administrators and beneficiaries had enjoyed quiet possession of the land. She also claimed that the land was to be shared equally among the administrators and beneficiaries, with 800 acres remaining for sale to cover the estate’s liabilities.

However, Njeri stated that the Mpoes had invaded the property without consent, leading to the land being occupied by other parties. She further alleged that the Mpoes had been leasing the land to third parties, which, according to her, violated the terms of the estate’s administration.

In response, the Mpoes filed an application on January 21, 2025, requesting that Njeri’s case be struck out. Josephat Munke Mpoe, in a sworn affidavit, asserted that he was the co-administrator of the estate of the late Kikenyi Ole Mpooe, the registered proprietor of the land in question.

Mpoe contended that there was already an ongoing case, Nakuru ELC E013 of 2020, related to the same land, and that Njeri’s application amounted to an abuse of the court process. He argued that the case should either be stayed or consolidated with the earlier suit, as the parties were all suing and being sued in their capacities as administrators of the estate.

In his ruling, Justice Anthony Ombwayo noted that the request for a permanent injunction was premature, as such an order could only be granted after a full hearing of the substantive case. He dismissed the application, calling it without merit.

The judge also observed that the pending suit in Nakuru ELC No. E013 of 2020 dealt with the same subject matter and the same parties. He ruled that allowing both cases to proceed separately would violate the principle of sub judice and waste judicial resources.