Court gives Club rights on 72 acres Kakuzi land

Vandalized Makuyu Golf Clubhouse that was abandoned 17 years ago, following land dispute between trustees and management of Kakuzi Limited in Murang’a. [Boniface Gikandi, Standard]

A golf club has won the right to manage 72 acres worth millions of shillings that it has been occupying since 1934.

The Environment and Land Court (ELC) sitting in Murang'a gave Makuyu Golf Club rights to the land, ending a protracted dispute with its neighbour, listed agricultural firm Kakuzi Limited.

The ruling by Oscar Angote brings closure to a matter that has been pending before the Nyeri and Thika courts since 2002.

The judgement was read on Justice Angote’s behalf by Thika ELC Judge Lucy Waithaka.

In his judgement, Justice Angote found that the golf club was formed in 1934 while the agricultural firm acquired thousands of acres of land in the area in 1966.

Angote added that Kakuzi Limited, formerly Kakuzi Fibreland Limited, failed to take possession of the land the club sits on when the firm bought out Sisal Limited, the land's previous owners.

“I find that the club has acquired the title of the land by adverse possession... by being in possession of the land for a period of more than 12 years from 1934 to date," read the judgement.

White settlers

The court battle arose after Kakuzi demanded fees for use of the land. It also demanded to be notified when tournaments were organised and to share in any profits.

The club's trustees told the court the land was donated for use as a golf course by white settlers.

“Based on the evidence before me, I am satisfied that the plaintiff’s use of approximately 72 acres of land as a golf course has been continuous, exclusive and without the permission of the defendant for a period of 12 years,” read the judgement.

"The defendant’s title in respect of the said land has, therefore, been extinguished by effluxion of time."

It also emerged that the clubhouse, which is located on a 17-acre land and is valued at millions of shillings, has been vandalised.

The judge found the land had been used exclusively by club members "and Kakuzi Limited like any other philanthropic member of the society, or as part of its social corporate responsibility mandate".

Kakuzi's claims of having assisted in running the golf course were challenged by club officials who told the court they had sunk a 300-metre borehole to maintain the grounds.

Kakuzi's management had sworn an affidavit saying they supplied the club with water from one of their dams and paid the wages of the club's watchmen.

The company also said they assisted the club with tractors and lawnmowers until their services were terminated in March 1996.

Kakuzi's management had claimed that they were granted a title, LR 11674, for the land in 1966 for a term of 941 years.