A group calling itself Thika IDPs at a land lease taskforce meeting in Nairobi last year. Kakuzi says the Land Commission has no mandate to hear historical land disputes. PHOTO | DENNIS ONSONGO | NMG
Kakuzi Plc has filed a fresh application challenging the hearing of claims filed by the five groups.
The matter is before the National Land Commission (NLC) and had been set for hearing on November 1.
But Justice Eric Mwita on Friday stopped NLC from hearing the claim until December 3 when it will be mentioned for directions.
Six more groups are laying claim to the NSE-listed agricultural firm Kakuzi Plc’s #ticker:KUKZ land, putting more pressure on the company that is already in court fighting a group that wants 39,323 acres of its property.
Kakuzi Plc has filed a fresh application challenging the hearing of claims filed by the five groups.
The matter is before the National Land Commission (NLC) and had been set for hearing on November 1.
But Justice Eric Mwita on Friday stopped NLC from hearing the claim until December 3 when it will be mentioned for directions.
Kakuzi argues that the Commission cannot admit and hear historical injustices since NLC (Historical Injustices) Regulations 2017, which set out procedures on admission of historical injustices, was annulled by Parliament in March, 2018.
“The honourable court be pleased to declare that it is unlawful and contrary to Article 50(1) of the constitution for the National Land Commission to hear and determine historical land injustice claims in the absence of legally enacted regulations to this effect,” reads one of the orders sought by Kakuzi.
The six groups are Kitoto community IDPs, Kinyangi squatters, Kituamba Kaloleni IDPs, Gathungururu self-help group, Kihinganda group and Gaichanjiru Self Help group.
NLC on October 15 served Kakuzi with a hearing notice scheduled for November 1, which Kakuzi says failed to give them enough time to prepare their defence.
Kakuzi is also challenging Section 15 (3) (b) (i) of the NLC Act, which permits the commission to admit and investigate claims that arose out of legally protected acts at the time the challenged actions happened and sections 15 (3) (b) (ii) that allow NLC to investigate time-barred claims.
The two sections, the firm claims, limit their defence.
The firm argues that the Constitution prohibits Parliament from enacting laws that permit the State or any other individual from arbitrarily depriving a person’s interest in a property.
It says that the alleged eviction of ancestors of claimants from the land happened long before they were given the titles to the property and are not privy to the incident.
Kakuzi in August got a reprieve after High Court orders restrained NLC from hearing a petition by another group, Kakuzi Division Development Association, which has 3,684 members that are laying claim on its 39,323-acre piece of land.
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