Economy

Farmers’ firm escalates land fight with City Hall

City-hall

An aerial view of Nairobi City Hall. FILE PHOTO | NMG

Summary

  • The company wants the Court of Appeal to set aside a judgment by the Environment and Lands Court (ELC) that dismissed its claim on the property within the city’s Kahawa West and bestowed the ownership on City Hall.
  • The land is in two separate portions measuring 154 and 21 acres and the dispute has been in court since 1991.

One of the country’s oldest land buying companies, Kamuthi Farmers’ Co-operative Society, has reopened a battle with the Nairobi county government over the ownership of two parcels measuring more than 170 acres.

The company wants the Court of Appeal to set aside a judgment by the Environment and Lands Court (ELC) that dismissed its claim on the property within the city’s Kahawa West and bestowed the ownership on City Hall.

The land is in two separate portions measuring 154 and 21 acres and the dispute has been in court since 1991.

While settling the dispute, Justice Loice Komingoi declared that the city county government is entitled to be registered as the proprietor of the two portions according to a sale agreement it had entered with the initial owners Kahawa Farmers Co-operative Society Ltd between 1979 and 1981.

The court in the judgment dated June 4, 2020 issued an order compelling Kamuthi to excise and transfer the two portions.

In default, the judge directed the court's Deputy Registrar to execute the necessary documents to vest the portions in the city county government.

Aggrieved by the court's decision, Kamuthi wants the Court of Appeal to overturn the judgment.