105 families evicted as court ends four-decade land tussle

A land tussle that began 44 years ago has ended after the police supervised the eviction of 105 families from a parcel of land in Rongai they illegally occupied.

Nakuru County Police Commander Peter Mwanzo has subsequently been recalled to Vigilance House, after the matter took a political twist.

Bulldozers roared into Kiriko village in Solai early morning, flattening homes spread over the 434-acre piece of land on which two land-buying companies have been claiming since the 1970s. Bishop Jonah Kariuki, the chairman of Kiriko Farmers Company Limited, said they have been living on the farm for almost half a decade and that the eviction came as a shock to them.

"Some members have title deeds for the land they are occupying. We have been pushing for the remaining title deeds to be processed and handed to them for a long," said Kariuki.

Bishop Kariuki explained that they were not served personally or through their lawyer with the court order.

"This is a barbaric application of the law where the police were used to supervise a very inhuman activity. We will continue to fight for the land we legally acquired," said Kariuki.

Mary Wambui, a victim, broke down as she explained how she watched in horror as her home was brought down without being given a chance to salvage property.

"I came here in 1972 and we have been battling with another group for this farm. I was woken up at around 5am by the roaring of bulldozers. I was ordered to leave the house for my safety," said Wambui.

Elijah Murage, a ward rep, said that the auctioneer conducting the eviction did not serve the residents with notice and only produced a court order after local leaders intervened.

"The residents were not given a chance to verify the authenticity of the court order though they produced it after people resisted the eviction. The losses incurred are inexplicable," said Murage.

The Standard established that an eviction order had been issued by Nakuru Chief Magistrate Joseph Kalo on April 20, 2022, following the conclusion of a case filed in 1979.

"You are hereby directed to evict and remove all those members of Kiriko Farmers Company Limited together with their structures until vacant possession thereof is handed to Ngenia Farmers Company," the court ordered Ventures Auctioneers.

The court further directed the Officer Commanding Subukia Police Station (OCS) to provide the auctioneer with the required security to ensure the eviction is peaceful and complete.

According to a court ruling delivered by the same court on August 7, 2018, the families evicted from the land LR 2684/2 had illegally encroached on it despite having another adjacent parcel of land.

"Kiriko Farmers had processed some titles but were declared null and void by a court order on April 30, 1979. The Land Parcel Number 2684 was subdivided into LR No. 2684/2 and 2684/3 as ordered by the court on July 5, 2000," the court ruling read.

Members of Kiriko Farmers were to settle on land LR No 2684/3 but 57 of them who had been issued with the nullified titles declined to move out of LR No 2684/2 as directed by the court.

"The 57 moved court applying to have the stay of the decree on October 5, 2011. Their application was dismissed and they didn't appeal the court order," the ruling read further.

Following the eviction on Wednesday, Rongai MP Paul Chebor and Subukia MP Kinuthia Gachobe moved to Deputy President Rigathi Gachagua's office seeking his intervention.

Gachobe faulted Nakuru County Police Commander Peter Mwanzo for deploying police to supervise the exercise saying that the eviction had not been approved by other involved parties.

"We met DP Gachagua, and he ordered the operation to stop. He promised to take action against those who supervised it. He accorded us a chopper to rush to this place and contain the situation," said Gachobe.

While addressing the evictees, Gachobe said someone would pay the price for the eviction.

"It was agreed that the national security committee must approve any eviction even if there is a court order. Someone will go home. They are bringing shame to the government," said Gachobe.

Chebor said they would ensure Mwanzo is removed from his position. "We are going back to Nairobi and ensure that before tomorrow, Mwanzo is removed. We have stopped the eviction and no further activity shall take place without government's approval," said Chebor.

Mr Mwanzo, who spoke The Saturday Standard, said they were following a court order issued nearly a year ago. The Saturday Standard has established that the county commander had been recalled to Vigilance House for redeployment.