Former AG Charles Njonjo embroiled in 33-year-old land dispute with farmers' company

Former Attorney-General Charles Njonjo is embroiled in a long-standing dispute with a land buying company over the ownership of 60,000 acres in Solio Ranch which straddles Nyeri and Laikipia counties.

More than 2,000 members of Gucokaniria Kihato Traders and Farmers Company, pursuing justice for nearly 40 years, are accusing the former powerful AG of defrauding them of land allocated to them by founding President Jomo Kenyatta in 1973.

The group consists of Mau Mau freedom fighters who formed a land-buying company in 1967 and raised Sh300,000 which they paid the government to be allocated land in Laikipia.

Court records indicate that on March 14, 1973, the group visited State House in Nakuru and handed over the money to Mzee Kenyatta in the presence of Mr Njonjo.

Mzee Kenyatta subsequently ordered the then Lands minister Jackson Angaine to issue them with a letter of allotment for the 60,000 acres they had identified.

This marked the beginning of the long struggle and endless court battles the group has had to endure to take possession of the vast land.

But Mr Njonjo and Solio Ranch Ltd, a company associated with him, insist in numerous court filings that the land belongs to him, having been granted a title deed in 1965 for a term of 944 years.

DENIES FRAUD CLAIMS

He also denies allegations of fraud and abuse of office in the acquisition of the land.

He says his land title is indefeasible under the provisions of Section 23 of the Registration of Titles Act.

But in the recent past, at least four different judges have ruled in favour of the land buying company as the legal owner of the property.

The AG, responding to the suit, said the land belongs to the government by virtue of notice of taking possession which was registered on February 15, 1991 and has never been allotted to anyone.

On May 6, 2016, three appellate Judges, Martha Koome, Hannah Okwengu and Otieno Odek, upheld a High Court decision by Justice Msagha Mbogholi that only a full trial can determine the dispute of the two warring parties.

“In our considered view, the trial court didn’t err in declining to strike out the plaint filed by Gucokaniria Kihato Company as prayed by Mr Njonjo,” said the judges.

The judges argued that the plaint and defences had disputed and contested facts whose truth and veracity could only be resolved by way of trial and full hearing.

“Where would the evidence come from without trial and hearing?” asked the judges.

Gucokaniria Kihato sued Mr Njonjo and Solio Ranch and the AG on behalf of Lands ministry, Commissioner of Lands, Chief Lands Registrar and Permanent Secretary Internal Security.

ALLOTMENT LETTER

The members alleged that two days after they were issued with the allotment letter, Mr Njonjo, in his capacity as the AG, ordered the chairman of Gucokaniria, Mr John Mjumbe, to surrender the letter of allotment and other documents relating to their claim on the land.

According to court papers, when Mr Mjumbe refused to surrender the allotment and ownership documents, police officers raided the company’s offices, then situated at Cross-Road in Nairobi, and seized vital land papers and arrested Mr Mjumbe.

Fearing reprisals, the group only moved to court after Mr Njonjo’s fall from grace in 1983 and sued the government demanding restitution of the stolen land documents and Sh46,879 taken by CID officers during the raid.

The members also sought a declaration that the Commissioner of Lands be compelled to issue fresh land ownership documents after it emerged that the original documents were lost or misplaced after they were confiscated.

The then High Court Judge Joyce Aluoch (now International Criminal Court judge) ruled that they were entitled to obtain a new allotment from relevant government land agencies.

RE-REGISTER COMPANY

Another retired judge Effie Owour in November 1981 ordered the government to re-register the land buying company and its name restored to the register of companies.

Again, in another ruling in 1990, the court ordered the government pay the members Sh46,870 taken from its offices and return the stolen documents including the letter of allotment.

In October 2008, Mr Njonjo lodged an application seeking orders to strike out Gucokaniria case on ground that it disclosed no reasonable cause of action.

He said the claim by the land buying was frivolous and abuse of court process.

He further argued that the land belonged to him and was not available for allotment to the members of Gucokaniria.

However, Justice Mbogholi dismissed the application saying Gucokaniria’s amended plaint had several triable issues which could only be determined by evidence in a main trial.

The judge noted that the summary dismissal of the case as sought by Mr Njonjo would cause injustice to the land buying company.

Aggrieved, Mr Njonjo moved to Court of Appeal accusing Justice Mbogholi of failing to consider that he had an indefeasible title to the suit property.

However, the appellate judges dismissed his plea and upheld the superior court ruling.