Del Monte loses land after MPs approve appeal

Giant fruit processor Del Monte risks losing huge chunks of land after Parliament approved a petition by a lobby group claiming the land.

A splinter group of the Kandara Residents Association led by Geoffrey Kairu has presented claims on historical land injustices allegedly committed by Del Monte Kenya Limited.

The Association is calling for immediate action from Parliament to resolve a long-standing land dispute between the association and the firm.

According to the petition, the residents say they are the original landowners, claiming their land was unlawfully taken from them and leased to the pineapple growing and processing company.

However, the MPs’ decision could face a hurdle after another group led by the Kandara Residents Association patron Kibiru Njuguna, accused Parliament of overlooking them and siding with the splinter group.

Three years

Yesterday, Njuguna told People Daily that he will be moving to court this morning to stop the National Assembly from debating the report that approved the release of the land from the processor

After deliberations that have lasted three years, the Lands Committee of the National Assembly has resolved that 7,449 acres of land currently occupied by Del Monte be allocated to 1,930 beneficiaries.

The committee chaired by Joash Nyamoko (North Mugirango) in a report tabled last Thursday, directed that the piece of land LR 12158 comprising of 7,449 acres to be distributed between the Kandara Residents Association and the County Governments of Kiambu and Muranga in the ratio of 70:30 respectively.

It recommends that within 30 days of tabling of the report, the Ministry of Lands and Physical Planning and the National Land Commission (NLC), implement the recommendations of the report of the National Assembly Implementation Committee of the 12th Parliament dated 26th May 2022.

Historical injustice

The report provides that the lease for L.R. NO 12158, which resulted from the amalgamation of LR.NO.11312 and 2593 be returned to the government and declared as public land and allocated to Kandara Residents Association for their settlement within 60 days of the adoption of the report.

Last month President William Ruto asked the parties involved to resolve the matter to allow the process of setting up the proposed Export Processing Zone and other government programmes and utilities that would benefit the local economy.

Ruto had asked for the fast-tracking of compensation of the victims of the historical land injustice.

“In consultation with the NLC, the Ministry of Lands and Physical Planning allocates excised land from Del Monte Kenya Limited to Kandara Residents Association and county governments of Murang’a and Kiambu in the ratio of 70:30 respectively,” reads the report.

Further, the ministry has to within 60 days from the date of tabling of the report in the National Assembly, the NLC to allocate land to 1,930 victims of historical injustice from seven villages including Matharau (200 victims), Makenji (100 victims), Maragwa (200 victims), Upper Gatanga (230 victims), Lower Gatanga (400 victims), Gachogi (600 victims) and Umoja (200 victims).

“The lease for L.R. NO 12157 and L.R. 13169 comprising 1,000 acres should be returned to the national government and declared as public land and allocated to 131 families for their settlement by the NLC, within 60 days of tabling of this report,” MPs directed.

Lease extension

According to the committee, the NLC had received a request for an extension of leases submitted by Del Monte Kenya Limited for the following LR. Nos in Muranga County (12157/1, 12157/2,12157/3, 12157/4, 12157/5, 12158 & 13289) and for Kiambu County (12203/1, 12203/2 & 12158).

The application was forwarded to the then Cabinet Secretary in charge of Lands and the respective County Executive Committee Member in charge of Lands for consent and approval to renew or extend the Leases in October 2020.

However, there was no request relating to allocation with respect to LR. No 12,158 that had been submitted to the commission by either the County government of Muranga or the County government of Kiambu.

The Kandara Residents Association through its secretary general submitted that it had adopted a list of the beneficiaries for the land to be distributed between it and the two counties in the ratio of 70:30 respectively and the list consisted of 1,930 names that were generated and adopted by consensus.

The association further informed the committee that the list generated by the victims of the Historical Land Injustice comprised beneficiaries from seven villages who lost the land to Del Monte.

The association leadership called out former Lands Principal Secretary Nicholas Muraguri for “his inexplicable and blatant refusal to recognize and involve the residents and other stakeholders in the resurvey of Del Monte land”.