What you need to know:
- The court dismissed the application by widows Ednah Wanjiru and Margaret Njeri, who sought to block Mr Njunu from visiting the 4,292 acres parcel of land pending its distribution.
Two widows of former Cabinet minister Mbiyu Koinange have lost their bid to block their step-son from visiting his father’s property at Muthera farm in Mau Narok area.
Nakuru resident magistrate Isaac Orenge directed that Mr David Njunu, the son to Koinange’s first widow, be allowed to visit the controversial farm.
The court dismissed the application by widows Ednah Wanjiru and Margaret Njeri, who sought to block Mr Njunu from visiting the 4,292 acres parcel of land pending its distribution.
The two widows filed the application on August 15, seeking to join a case Mr Njunu filed and obtained orders directing the police to provide him with security as he visits the land.
The widows, in their application, also sought to set aside the court orders after accusing Mr Njunu of trying to impose himself on the land to the exclusion of the other administrators
Mr Njunu, an administrator alongside the two widows, told the court that he wanted to visit the land to assess ongoing survey work was ongoing but that the area was volatile.
Not an eviction order
The magistrate said the orders were directed to the county police commissioner and the police commander, who did not oppose the application.
“The court therefore will not interfere with the order that the said county commander and commissioner offer security to Mr Njunu to visit the said land,” ruled Mr Orenge
The magistrat, however, cautioned Mr Njunu against misinterpreting the order to purport to be an eviction order. He directed him not to interfere with the survey works ongoing on the farm.
On May 7 last year, Justice Aggrey Muchelule, sitting at the High Court in Milimani, Nairobi, delivered a judgement on the distribution of Koinange's property, ending a protracted legal battle that lasted for over three decades.
The judge appointed the two widows together with Ms Lenah Mbiyu and Mr Njunu as the joint administrators to the estate valued at Sh 17 billion.
On the distribution of Muthera farm, the judge directed that 800 acres be sold to cover liabilities, debts and the costs of administering the estate, and that 150 acres be set aside for roads, a police station, a school and other common amenities.
The remaining 3,342 acres is to be shared equally among 12 beneficiaries, with each getting 278.5 acres.
The widows told the court that the surveyors are currently on the farm trying to subdivide it.
The farm has also been at the center of a dispute between Koinange's family and a group of Maasais.
The dispute escalated on December 3, 2010 following the killing of land rights activist Moses ole Mpoe who was shot dead, alongside Paarsayia ole Kitu, by gunmen on motorcycles as he approached the Nakuru-Eldoret-Njoro junction.
Mr Njunu, through his lawyer Karanja Mbugua, told the court that a group of people he termed fraudsters is purporting to manage the farm.
The court on August 15 issued orders summoning the county commissioner to show cause why he had failed to comply with orders following a complaint by Mr Njunu.