State ordered to keep off Delamere land

A section of the vast Delamere land. [Courtesy]

The High Court has temporarily barred the government from occupying or interfering with possession of a 10,000-acre land, forming part of Delamere Estates measuring over 42,000 acres. Judge Millicent Odeny stopped the Ministry of Lands, Public Works, Housing and Urban Development from subdividing or alienating the land. "The defendant (ministry) or its agents are restrained from entering the said land until the case over its ownership is heard and determined," ordered Odeny. The judge directed parties in the case to file documents by June 10, when the court will give further directions. The court ruled following an application by the Delamere family, through Jonathan Stewart Coulson. Coulson, through Lawyer Victor Wekhomba, sued the Cabinet Secretary (CS) and Principal Secretary (PS) Lands, the National Land Commission (NLC) and the Attorney General.

Coulson argued that, through a letter dated March 28, PS Nixon Korir claimed that Lord Hugh Cholmondeley had offered to surrender 10,000 acres to the government in 2017.

"The PS quoted the wrong title number of the land and wrongly referred me as the Managing Trustee, Soysambu Conservancy, saying the land was to be used to resettle squatters," he said.

"The pattern of events is indicative of an illegal and fraudulent operation to forcibly acquire the land. It is incredible that despite being the technocrat and a custodian of the land records the PS could brazenly quote a wrong parcel number and even use a document."

He added that there have been several invasions on the land by individuals claiming ownership and some had filed a suit for adverse possession, which was dismissed.

"Shortly after the invasions, the PS wrote and the letter confirms my fear of the government officers' involvement during the invasions," he submitted.

He attached trespass reports and OB numbers he made to the Elementatita and Gilgil police stations, insisting that no arrests nor prosecutions have been made.

"Some invaders have come to be known and they have openly bragged of being protected by senior government officers. If the court does not intervene urgently, I stand to lose my property," he said.

Coulson deposed that the Delamere family had occupied the land since March 1, 1960, under the leasehold ownership. The lease, he stated, is for 945 years.

He said they leased part of the land to Soysambu Conservancy, which has been utilised as a wildlife conservancy on the property.

Coulson has insisted that he has not received any formal notification or due process required under the applicable laws on compulsory acquisition by the government.

The letter by PS Korir, dated May 28, is titled Surrender of Portion of Land, approximately 10,000 acres.

Korir confirmed that Lord Hugh allegedly surrendered the land to the government, following which its title name was changed from LR 9362/7 to LR 9363/4.

Korir said that the land was to be surrendered for the purposes of resettlement of the squatters and provision for public utilities. He did not give details.

"I note that no progress was made to that effect and would like to have this matter fast-tracked. The department would like to have a scheduled meeting with the management of the conservancy with a view of fast-tracking this issue," he wrote.

The PS attached a letter with the Soysambu Conservancy logo, written by Lord Hugh, to confirm the alleged agreement.

The case will be mentioned on June 10 for further directions.