Court summons officials over military, farmers land dispute

The Environment and Lands Court in Naivasha has summoned Lands officials to appear before it and produce documents relating to disputed land in Gilgil.

The regional surveyor and the Lands Registrar Naivasha are expected to appear in court in November and produce a Registry Index Map and schedule of title deeds related to the 3,000-acre land.

Justice Oundo M Clausina issued the orders on Monday during the hearing of a case filed by more than 210 Rumuruti Farmers Company Limited members against the Kenya Defence Forces (KDF).

The company in the suit filed through lawyer Kipkoech Ng’etich has named the Defence Cabinet Secretary, Interior Cabinet Secretary, Chief of Defence Forces, Kenya Army Commander and the Attorney General as interested parties in the case.

“Summons are hereby issued to the Regional Surveyor, the Registrar Naivasha to produce the Registry Index Map for Gilgil-Karunga Block 9 and schedule for the titles issued in the suit parcels of land during the next hearing,” ordered the Judge.

Rumuruti Farmers Company Limited director Kipkoskei Tuigong while testifying in court said they registered a land-buying company in 1984.

He said Rumuruti Farmers Limited, together with Waichakeheri Farmers Company and Kiamukie Farmers Company jointly purchased five parcels of land comprising 3, 515 acres in Gilgil from a British company, Olburgel, and paid Sh8.5 million in 1986. He noted that the land comprised of five different parcels but were merged.

Tuigong told court that they sold 400 acres to members of the Akorino Farmers Company Limited since they couldn't raise the entire Sh8.5 million required for the purchase. Akorino Farmers bought the land at Sh500,000.

“The companies were unable to raise the total price of the parcels and invited Akorino Farmers Company Limited whereupon we agreed to sell the said company 400 acres out of the 3,515 acres,” he said.

He said the remaining 3, 105 acres of land was to be subdivided among three companies.

Rumuruti Company surrendered the mother title to their parcel of land they to the Ministry of Lands and Settlement.

Tuigong testified that on May 15, 1996, the Chief Land Registrar acknowledged registration of the surrendered title and instructed the Land Registrar Nakuru to issue title deeds to shareholders of their company.

He claimed that Kenya Army encroached on the 275-acre land and fenced it off before constructing a store and sewer among others.

Asked by lawyer Kipkoech whether they allowed Kenya Army to take over their land he denied.

“We didn't allow Kenya Army to take over our land, neither did we get any notice and or compensation from them. We have not sold the land,” he said.

Tuigong produced several searches and title deeds as evidence that the land is registered and sub-divided among its members.

He said before filing the case they wrote a letter to the National Land Commission on November 12, 2013, through Kiplenge Kurgat and Company Advocates to have the issue resolved.

Tuigong said on May 15, 2010, they wrote to District Officer Gilgil's division about the land dispute but got no assistance.

He invited the court to visit Kenyatta Barracks and have a look at the land.

“We want the court to declare that our Constitutional right to ownership of property has been contravened. Also we want the Kenya Army evicted,” he said.

Tuigong wants the court to declare that the title deeds they produced in court are genuine and issue orders permanently barring Kenya Army from taking over the land.

He wants the court to also the Defence CS, the commander of the Kenya Army to compensate them for the loss incurred.

Tuigong also sought orders to have the director of the surveyor visit the area and show the parties' their boundaries.