Construction of the Nakuru County Industrial Park in Njoro has hit yet another snag after it got embroiled in a legal battle over land ownership.
The project now faces uncertainty as competing claims to the land threaten to derail its progress.
The project was first put on hold by the court after Justice Anthony Ombwayo issued conservatory orders restraining the Nakuru County government and Egerton University from continuing with the process of acquisition of the land, pending a hearing and determination of a case that was filed by a resident Ezekiel Kosgey Kesedany.
The latest setback stems from a dispute involving two separate groups vying for ownership of the parcel of land earmarked for the industrial park; LR 527 Njoro measuring 640.9 hectares (about 2,600 acres) in the Ngongongeri area.
The new conflict involves businessman Moses Owino Odhiambo and Egerton University lecturer, Prof Robert Gesimba.
Mr Owino alleges ownership of the land, claiming it was allocated to him by the government in 2012 and had diligently fulfilled all requirements, including payment of premiums.
However, he asserts that Prof Gesimba encroached on the land, engaged in unauthorised farming activities, and attempted to dispose of the property without his consent.
He sought legal intervention to restrain Prof Gesimba from further trespassing or dealing with the land.
“I have tried to stop him from trespassing my aforesaid land but he started becoming violent against me and also calling goons to use violence against me,” stated Mr Owino in court papers.
In a March 15 ruling by Justice Linet Omollo, the court restrained prof Gisemba and his agents from trespassing, occupying, cultivating or carrying out any activities on the two parcels of land pending the resolution of the dispute.
Meanwhile, Mr Kesedany, along with a group of 146 individuals, has also laid claim to the land, alleging irregularities in the acquisition and subdivision process carried out by the county administration. He contends that proper legal procedures were not followed, posing a risk of loss of public land belonging to a state agency.
According to the activist the county hurriedly carried out the acquisition and subdivision of a total of 1,500 acres of land without adhering to the requirements of the law which he said could risk a loss of public land belonging to a state agency.
Documents which he has filed in court indicate that the land in question, LR No.527, has a lease of 50 years which was renewed in 2005 by Egerton University.
The said land has already been subdivided into four portions; LR No. 527/2-150 acres for the purpose of CIAP, LR No. 527/3 -150 acres for Export Process Zone (EPZ), and other two mega portions LR No. 527/4/5-1,200 acres whose use and ownership is yet to be defined by authorities.
He has sued Egerton University, the National Land Commission, the Chief Land Registrar, the County Land Registrar, the Surveyor and the Attorney General.
He wants the court to issue a declaration that the process of acquisition of the said land county administration contravenes the constitutional requirement and that the court should declare it invalid null and void.
And now tension is rising at the Ngongeri farm as the different groups attempt to enter the farm.
Over the weekend police were forced to heighten security after a group of people got into the land with machinery ready to begin ploughing.
