High Court directs Catholic Church to keep off disputed Nyeri land

NYERI COUNTY: The Nyeri High Court has upheld orders against Catholic Archdiocese of Nyeri in a case challenging the ownership of more than 2,500 acres of prime land outside the town.

Justice Jairus Ngaah of the Land and Environment Court Thursday said the orders issued on November 5, this year, were still in force until the case is heard and determined.

In a notice of motion dated November 20, filed by James Ndung'u Theuri and two others, the Catholic Archdiocese of Nyeri and the Archdiocese of Nyeri are accused of leasing out part of the land in contention.

"They are somehow alienating portion of the suit property to persons whose identities are unknown to us," the petitioners, through lawyers Gikandi Ngibuini and Kimani Muthui, say.

The three, on behalf Mbari ya Murathi clan, said they were the entitled to the land measuring 3,500 belonging to their late grandfather Ndiumi wa Murathimi.

"'Murathimi had intended to give the respondents a gift of 1,000 acres but they ended up acquiring 3,500, which is clear theft of 2,500 acres by the respondents," they argued.

They further noted that it was common knowledge during the colonial period there was close collaboration between the colonial government and White missionaries.

"It was as a result of this intricate working relationship that we lost valuable land," the petitioners told the court.

The petitioners noted that despite the respondents holding titles of the suit property, it was not automatic evidence of ownership because the same could be vitiated through the petition.

"Colleges, schools and hospital owned by the respondents are not situated on the suit property  but on 1,000 acres gifted to them by our grandfather," they added.

However, Simon Wekesa for the archdiocese told the court the orders had adversely affected the respondents, saying they should be set aside.

"My client has myriad of activities including hospitals, schools, agri-business farms, offices among others which are likely to be affected by conservatory orders," Wekesa noted.

The case will be consolidated with another suit filed last year by a group of 400 farmers claiming to represent over 3,000 people.

The 400 farmers want the court to physically visit a contentious piece of land which they claim was stolen from them during the colonial period.

Through lawyer Wanyiri Kihoro, the farmers said a visit to the land currently owned by the Consolata Catholic Mission would be instrumental in assisting the court enter a fair judgment.

Justice Ngaah directed the case to be mentioned on January 26 and inter-parties hearing on January 20.