Kiambu County, MCA to pay golf club Sh3m for property destruction in lease battle

The Environment and Land Court has barred Kiambu County from demanding 20 acres of land from private members gold club.

Justice Ann Mogeni ruled that it was illegal for the county to force the Kiambu Club to cede part of its prime property as a condition for extension of the lease.

The Judge was of the view that the Governor Kimani wa Matangi-led administration could not claim a right without proper acquisition.

She said that the century-old club was neither notified about the intended move nor was it a trespasser, as the county claimed in the case.

 “While the Court recognizes the 1st respondent’s duty to provide public amenities for the people of Kiambu. This duty cannot be discharged by trampling on the rule of law. If the County requires 20 acres, it must utilize the formal pathways of the Land Act, involving the NLC and providing just compensation for developments as per the Constitution,” said Justice Mogeni.

She ordered the county and the Kiambu Town MCA Francis Koina, to pay the club Sh3 million for the destruction of property.

The county claimed that the lease issued to the club had lapsed, hence, the land reverted to the county. It claimed that it needed at least 20 acres to build public amenities, including a bus park for the growing population.

However, Justice Mogeni said that the land remained under the club’s name and it remained the legal owner until such time the county legally acquired the prime property.

“Under Section 43 of the Land Act, where a lessee remains in possession with the lessor’s consent after the lease expires, a periodic tenancy is created. The continued acceptance of rent or rates creates a periodic tenancy. While this is not a 99-year title, it is a lawful possession that entitles the Petitioner to the protection of the law. Property rights under Article 40 are not limited to absolute titles but encompass the bundle of rights held by a lawful occupant,” she said.

In this case, the club’s lawyer, Rodgers Monda, explained that the golf club began as the Kiambu club in 1916. Monda further said that it acquired a 33-year lease from the British Colonial Government, which then lapsed on March 30, 1989.

He told the judge that it was again extended for the period until 2022.

Nevertheless, despite the club paying the required fees and taxes, the county declined to renew the lease.

Monda said that, further to the refusal, there were protests in town which resulted to destruction. He blamed Koina for this.

In response, the county claimed that the club was a trespasser who allegedly self-assessed to pay lower rates of Sh 500,000.

It argued that it could not compulsorily acquire the land since the lease had expired.

Koina also responded to the case. He claimed that he was just promoting the interests of his electorate, adding that it was part of his mandate as an elected politician.

He argued that the club had an exclusive 75 acres, adding that this allegedly was only serving 350 members while the town allegedly had 34,615 registered voters.

According to Koina, the electorate required the property for markets, schools, bus parks and health centres.

According to him, the rights of the persons he was allegedly representing overrode those of the private club members.

He also dismissed the club’s intimidation claim, saying that while there was a peaceful procession which was planned, it was rescheduled to allow dialogue. The MCA also claimed that the club had not paid rates worth Sh 4.2 million, adding that the electorate had a right to peacefully assemble. According to him, there was no harm caused.