Members of a Kiambu County land buying company are petitioning the Supreme Court to declare them legal owners of a Sh3 billion parcel that is linked to a firm associated with former Defense minister Njenga Karume.
The 600-member Gitamaiyu Trading Company Limited, which claims it bought the land from a white settler 42 years ago at Sh4.2 million, alleges it lost the land through a fraudulent transaction to a company associated with the late Njenga Karume — Nyakinyua Mugumo Kiambaa Trading Co Ltd.
The two land buying firms have been feuding over the property in a legal battle that is 25 years old. Over 600 tea and coffee pickers from Gitamaiyu Trading Company lost the previous round of the bitter row at the Court of Appeal this year.
“The latter (Nyakinyua) reached the finishing line ahead of the former. And that is business,” three appeal judges William Ouko, Asike Makhandia and Daniel Musinga stated in their 20-page judgement on ownership of the 512-acre farm in Kiambu.
The judges stated that the Karume-linked company cannot be blamed for its persistence and agility in pursuing the sale of the property or even for being backed by a powerful politician.
Gitamaiyu, which has lost twice at the High Court and Court of Appeal, believes the Supreme Court will vindicate it from the alleged misapplication of the law by the judges.
“Gitamaiyu being dissatisfied with decision of the Court of Appeal intends to appeal to the Supreme Court against the whole decision,” said law firm of Wachira Ndung’u & Co. Advocates.
The appellants have named Nyakinyua Mugumo Kiambaa Co. Ltd, Mr Njenga’s late wife Wariara, the estate of the late minister, former Commissioner of Lands JR Njenga as well as the current occupant of the office, the Attorney- General, directors of Gitamaiyu — Zephania Mwangi Mugana, John Njoroge Njuguna, Peter Kimani Njuguna and Haroun Muchai Kamau as respondents.
Gitamaiyu’s claim of ownership was dismissed with costs by Justice Aggrey Muchelule in February 13, 2012 and by the three-judge appellate bench in February 5, 2019.
Judges in both courts dismissed the case on grounds that no consent was obtained from the Land Control Board before the purchase.
The judges stated that the parcel was agricultural land and a consent from the board was a mandatory requirement before any commercial transaction could be struck.
“Land no doubt is not only the most important factor of production but also a very emotive issue in Kenya,” the three appeal judges noted.
The also judges said Gitamaiyu filed the case 15 years outside the stipulated time, noting that they should have filed the case in 1979.
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