Economy

Senator joins Del Monte, Murang’ a land lease dispute

kembi

Ex Murang’a Senator Kembi Gitura. FILE PHOTO | NMG

Murang’a Senator Kembi Gitura has been enjoined in a suit fruit juice maker Del Monte filed against Kiambu and Murang’a counties over a land lease row.

A three-judge bench led by Justice George Odunga yesterday allowed his application to be enjoined saying evidence before court showed that he had been involved in the discussions centred around the need for Del Monte to surrender part of its land for public use.

READ: Del Monte vows not to cede any land for Murang’a city project

“We think that sufficient interest has been shown to assist the court unravel the real reasons why Del Monte’s leasehold interests may not be renewed unless it surrenders the 1,500 acres of land mentioned,” read the judgment delivered yesterday.

The judges said Del Monte would not suffer any prejudice if the senator was enjoined as an interested party.

Mr Justice Odunga said as senator of Murang’a County, whereas he may safely protect its interest in the House, there was nothing unlawful about him also appearing in court proceedings where the development of the county is an issue.

Del Monte claims the two counties had declined to extend its leases, threatening its multi-billion shilling investment and putting thousands of jobs at risk.

Del Monte had argued that the presence of the Senator in the proceedings was not necessary because he had not demonstrated his personal stake in the proceedings before the court.

“He has also not demonstrated how he will be affected by the decision of this court once the same is made. Lastly, the Senator has not demonstrated that his personal participation in these proceedings is crucial or how his alleged interests will not be articulated if he does not participate,” said Del Monte.

The firm alleges that Murang’a County leadership had demanded acres of land from it, to be put to public use, as a condition to renew the lease that expires in 2019. It is seeking orders compelling the two counties to renew its lease.

Pineapple farming is the firm’s principal business and it owns a large parcel of land between Murang’a and Kiambu counties.

The two counties are opposed to the application by Del Monte saying the company is not beneficial to the local community. Further, that no locals are employed in senior positions in addition to large wage and remuneration difference between local and expatriate workers.