Makuyu Golf Club will remain closed for at least two months as the dispute between its members and agricultural firm, Kakuzi Ltd escalated to the Court of Appeal.
Making the orders on December 4, Court of Appeal judges Asike Makhandia, Mumbi Ngugi, and Grace Ngenye-Macharia also banned grazing on the golf course or cutting down trees, pending a determination of the case.
The parties reached the consent, which was adopted by the court pending further directions from the judges.
“The golf course will remain closed for two months from today (Monday 04, 2023) pending the hearing and determination of the appeal,” the judges said adding that the case will be heard in February 2024. Makuyu Club sought to commit directors of Kakuzi Ltd to civil jail for allegedly disobeying a court order over ownership of the golf club.
The trustees of the Club led by Mr Joel Wanyoike, Irungu Ndirangu, and S.K Kirubi allege that Kakuzi Ltd has been disobeying the court directive issued in 2019 by grazing its cows on the golf course.
But Mr Christopher Flowers, the managing director of Kakuzi Ltd said the status quo issued on December 9, 2019, was that the public-listed firm is the registered proprietor of the property enjoying the rights and privileges derived from it.
Mr Flowers further said in an affidavit filed in court that the status quo orders suspended the orders directing the registration of Makuyu Club as the owner of the property as directed by the Environment and Land court judge in 2019.
“The status quo also meant inter alia that the applicant’s (Makuyu Club) members were at liberty to continue playing golf on the suit property and that the respondent was at liberty to continue grazing its cattle on the roughs of the golf course including cutting grass on the golf course as had been the case during the pendency of the case,” he said.
The ownership dispute has been raging for years until 2019 when the Environmental court ruled in favour of the club members.
