6000 people risk eviction from disputed land in Kirinyaga

Up to 6,000 people settled at South Ngariama ranching scheme nine years ago risk eviction.

This is after the county failed to file a response in a civil suit filed by one Octavius Nderi and 1,009 others, who claim ownership of the 17,000-acre land.

A 15-day window set by the court on June 27 has since elapsed.

Yesterday, the petitioners vowed to proceed with the suit without the defence, as directed by the court.

The Environment and Labour Court has allowed the petitioners to proceed with the civil suit and warned that judgment might be given in the absence of the county.

The land was subdivided and allocated to the 6,000 beneficiaries by the defunct Kirinyaga County Council in 2009, a move that was instantly opposed by Nderi and his group.

Legal proceedings

The group first instituted legal proceedings against the council in 1978 at the High Court in Embu.

The matter remained unheard until in 2007, when Justice Isaac Lenaola issued a decree that an injunction to restrain the county council from compulsory acquisition of the land be enforced.

Justice Lenaola also decreed that the petitioners were the owners of the said land.

But in 2009, the council went ahead to subdivide and settle the 6,000 residents.

The case was transferred to the county after devolution.

“It was after realising the matter had been dragging on for a long time and the eventual ushering in of the county governments that we revived the case and served the new respondents who are yet to respond,” said Nderi.

The current settlers of the disputed land said they were surprised by the new turn of events.

“We moved and settled on the land the council allocated us and have undertaken massive development, although we only have letters of allotment,” said Ken Njue.