Counties

Mbiyu Koinange son fails to secure orders stopping Nakuru land ‘invasion’

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Justice Mwangi Njoroge during a past court session. PHOTO | JARED NYATAYA | NMG

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Summary

  • Justice Mwangi Njoroge dismissed the application by David Njunu Koinange saying it wasn’t clear what he was seeking and there would be nothing to protect once the orders are granted.
  • Mr Njunu, the eldest son of Mr Koinange, said the estate, estimated to worth Sh14 billion was distributed last year by High Court judge Aggrey Muchelule.

A judge has dismissed an application by the son of former minister Mbiyu Koinange seeking to stop an alleged invasion of the 4,200-acre family farm in Nakuru.

Justice Mwangi Njoroge dismissed the application by David Njunu Koinange saying it wasn’t clear what he was seeking and there would be nothing to protect once the orders are granted.

“This court cannot grant a prayer that has not been sought by the applicant. The applicant seeks relief pending the hearing and determination of the application. What about thereafter? There would be nothing to protect the applicant once the orders are granted,” the Judge said.

Mr Njunu, the eldest son of Mr Koinange, said the estate, estimated to worth Sh14 billion was distributed last year by High Court judge Aggrey Muchelule.

Mr Njunu said he was not satisfied with the decision and has since filed an appeal.

He said as the appeal was pending, some parties had colluded and were interfering with the properties, to the detriment of estate beneficiaries.

He further claimed that Mr Edward Kibe, Mr Peter Mwangi, Mr Philip Linoi, and others were in the process of taking over the 4,292-acre Muthera farm using some Maasai community members.

Mr Njunu said some of them have been allocated sections of the property and a visit to the farm revealed wastage of soil and gravel excavations without the beneficiaries’ knowledge.

In opposition, Mr Kibe said there is another matter pending before the court, raising similar issues.

Mr Konene Ole Nkuruna told the court that he was not a trespasser but was under instructions from the administrators of the estate to provide security and ensure that the farm is not invaded by strangers.

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