Naivasha land dispute moves back in court

The dispute over the 5,000-acre Ndabibi Farm in Naivasha pitting a group of over 500 residents and a company allegedly owned by President William Ruto has moved back to court.

Two people were on Friday charged with two counts of malicious damage to property on the farm, which they claim to have purchased from the Agricultural Development Corporation (ADC).

Edward Maina who is a director of the 500-member land buying company and blogger Reuben Gitau appeared before Nakuru Senior resident Magistrate Priscah Nyotah.

The two pleaded not guilty to the charges of interfering with the property, which Naivasha MP Jayne Kihara who is also a Member of the National Assembly Committee on Lands recently said that Ruto followed the due process in purchasing it.

 “In my view and for fairness to both parties, I hereby give the following bail terms. A bond of Sh200,000 and a surety of similar amount or a cash bail of Sh30,000 each,” ruled Ms Nyotah.

Maina and Gitau were arrested on March 15 and detained at the Naivasha Police Station.

Charged in Nairobi

Twenty three other people were arrested over the same charges and presented before a court in Nairobi where they were released on a Sh20,000 cash bail.

Mana and Gitau through their lawyers however protested against the state noting that they had been held for long and taken to other courts, which had no jurisdiction to hear the case.

The two had on Thursday been presented at a Kajiado Court, which declined to hear the case, and referred it back to Nakuru.

“Since then, the police have been moving them from one court to the other without taking plea in what appears to be an attempt to punish them,” said their lawyer Okumu Ong’ang’o.

 The two further raised concerns over their safety saying that they were not sure whether if released from police custody they would be rearrested or make their way home.

 “On the question of safety for the accused persons, let the state assure them of their security,” Nyotah directed.

 The case will come up for a pre-trial on April 29.

Last month, a Naivasha court has dismissed a suit by Ndibithi Farmers Company that sought to access a disputed land in Ndabibi, Naivasha and block police from stopping a series of invasions.

Disputed property

Naivasha Principal Magistrate Eunice Kelly noted that the court did not have jurisdiction on the suit as ownership of the disputed property was already determined by the High Court in 2023.

This comes a couple weeks after several youths including top officials of the company were arrested for invading over 5,000 acres and destroying property worth millions of shillings.

Following the ruling, members of the Mwana Mwireri land company which lays claim on the land thanked the court saying that they legally bought the 343 acres from ADC in 1998 and settled all the dues.

According to one of the members Patrick Kimani, of the total 2,500 members of the company, only 157 managed to buy the land from the government agency.

He added that they managed to get allotment letters and some started farming before some leaders started inciting area residents leading to invasion of their land and eviction.

Kimani said that they had won all the court cases against the splinter group, which did not have any ownership documents as they were alleging.

Hoodwinking members

Reverend Willie Ndung’u who blamed the impasse and tension in the area to the incitement echoed this and by a group that was hoodwinking members of the public.

Another member Hellen Nyambura said that they were ready to start farming or leasing the land despite threats and intimidation from members of the splinter group.

Several farmers’ groups and private developers have over the years been embroiled in a row with ADC over land ownership, which they purport to have purchased from the State agency.

Former Education Permanent Secretary Benjamin Kipkulei is among private developers who have accused farmers groups of encroaching on his land, which he allegedly purchased from the ADC.

In February, Naivasha MP Kihara added another twist to the land when he said that President Ruto owns the land.

The MP who is also the vice-chairperson of the Lands Committee in the National Assembly told the public that the president acquired the land from Kipkulei who purchased it from ADC.