Intrigues behind pitched battle for land in Ndabibi
Mr Edward Maina (left) and Mr Reuben Gitau during their arraignment in a Nakuru court on charges of invasion and destruction of property belonging to Eburu Hills Farms Limited.
By Brian Wasuna
Nation Media Group
What you need to know:
- Former President Moi led a titling programme in Ndabibi in 2001, which Mr Kamanu says saw all legitimate beneficiaries given ownership documents.
- The 1,500-acre land had been subdivided into 206 plots, with former Colville workers or their descendants occupying each portion.
Before his death in 1966, Lord Gilbert Colville entered into a pact with hundreds of workers on his 2,504-acre ranch to the effect that they would get a vast portion of the prime agricultural land.
Rather than gift them the land, however, Colville asked the workers to join hands and buy it from him. That pact birthed Ndibithi Farmers Company Ltd, which acquired 1,500 acres in 1974.
By this time, the tycoon was long dead but his company, Colville Limited, followed through with his final wishes.
Originally registered as L.R. No.1695, Colville Ltd subdivided the property into two; L.R. No. 1695/1 measuring 1,500 acres and L.R. No. 1695/2 measuring 1,004 acres.
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The former Colville workers were to part with Sh160,000 for the 1,500-acre portion but did not do so, documents unearthed during a recent Directorate of Criminal Investigations (DCI) probe now show.
Nonetheless, the workers got the land. Colville had also offered to sell them the remaining 1,004 acres but the workers were unable to raise funds for that transaction.
In 1981, the Agricultural Development Corporation (ADC) showed interest in purchasing the fertile 1,004 acres and offered Colville Ltd Sh80 million, which was graciously accepted.
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Attempts to incite Ndabibi locals to forcibly occupy that 1,004-acre portion have now seen the DCI initiate multiple criminal charges against Mr Edward Ruiru Maina related to forgery, perjury and obtaining money by false pretence.
Passing themselves off as directors of Ndibithi Farmers Company Ltd, Mr Maina and his wife Jane Maina, the Nakuru County Assembly member representing Maela Ward, staked a claim on the 1,004 acres on behalf of the firm.
Records at the Registrar of Companies, however, indicate that Ndibithi Farmers Company Ltd was dissolved in July 2002.
Mr Benjamin Kipkulei, who was an aide of former President Daniel arap Moi, in 2007 acquired the 1,004 acres from ADC. He subdivided the land into six portions.
For several years, individuals claiming to be members of the Ndibithi Farmers Company Ltd have tried to forcibly occupy the land. In January this year, Mr Kipkulei sold the six portions to Anointed Valley Company Ltd.
In its investigations, the DCI has dug up annual returns belonging to Ndibithi Farmers Company Ltd and filed with the Registrar of Companies, statements of accounts, the firm’s memorandum of association and various correspondences with government institutions.
The set of documents, dating back to the 1970s, indicate that the firm declared its sole immovable asset as being the 1,500 acres registered as 1695/1.
In 2019, various groups invaed the 1,004-acre land, claiming that it was part of Ndibithi Farmers’ assets. In 2021, Mr Kipkulei sued Ndibithi Farmers, Edward Maina, Jane Maina and Moses Gakinya seeking protection orders from the courts in relation to the 1,004-acre parcel.
The Mainas and Mr Gakinya filed a counterclaim through Ndibithi Farmers, seeking eviction orders against Mr Kipkulei.
On July 27, 2023 Justice Lynette Omollo dismissed both cases, holding that neither party had provided enough evidence to warrant issuance of the orders they sought from the courts.
Among the documents the Mainas filed was a memorandum of registration of transfer of lands, which the couple claimed was evidence that Colville Ltd transferred the entire 2,504-acre ranch to Ndibithi Farmers.
That document has instigated charges of forgery and perjury.
The DCI insist that Mr Maina forged the document and then used it to perjure himself by filing it in the court battle with Mr Kipkulei.
Mr Maina has also been accused of taking money from members of the public under the pretext that Ndibithi Farmers is selling plots in the 1,004-acre block of land.
In that charge, the complainant is Stanley Karaya Kariuki, who claims to have paid Mr Maina Sh200,000 for half an acre of land in Ndabibi.
Ndibithi Farmers also failed to file any Lands ministry records to controvert Mr Kipkulei’s assertions.
In the course of the DCI investigations, the Ministry of Lands told investigators that Mr Kipkulei was the registered owner of the 1,004 acres before he sold it to Anointed Valley Company Ltd in January, 2024.
“As per transfer dated September 24, 1987, Colville Limited transferred the property (L.R. 1695/2) to Agricultural Development Corporation at a consideration of Sh80,000,000 (with other lands: L.R. 10998/46233, 7281, 9234, 7265 and 9247).
The said transfer was registered on September 21, 1987, as IR 1417/7. Land Reference number 1695/2 measures approximately 406.6 ha (1,004 acres) as contained in Survey Plan Number 107121,” Chief Land Registrar N.D. Nyambaso told the DCI through a letter dated January 26, 2024.
Former Maela MCA Gathariki Kamanu told Nation that all beneficiaries under Ndibithi Farmers Company Ltd were given land and have ever since enjoyed peaceful occupation of the 1,500-acre land.
Former President Moi led a titling programme in Ndabibi in 2001, which Mr Kamanu says saw all legitimate beneficiaries given ownership documents.
The late Daniel Arap Moi.
The 1,500-acre land had been subdivided into 206 plots, with former Colville workers or their descendants occupying each portion.
“Genuine beneficiaries all got their land in the early 2000s and my father was among them. President Moi came to Ndabibi and awarded the title deeds for all the 206 parcels,” Mr Kamanu said.
He insists that nobody living on the 1,500-acre parcel has ever raised complaints because that is the only parcel that was awarded to Colville’s former workers.
The Lands ministry told the DCI that another 343-acre parcel in the same area is registered to Mwana Mwireri Naivasha Rironi Farmers Company Ltd.
In December last year, the National Assembly’s Public Investment Committee on Social Services and Agriculture ordered for a special audit on all land held by ADC in a bid to resolve the mess.
That investigation is also intended to shed more light on the land tussles that have plagued Ndabibi for at least five years, with numerous competing claims.
