Court bars ex-Treasury PS Mbindyo, NLC and church from 3,000 acres land

The Environment and Lands Court has granted a major relief to Stoni Athi Association members in a row over 3,000 acres of land.

Justice Anne Yatich Koros ordered the former Treasury Permanent Secretary Charles Mbindyo, the National Lands Commission (NLC), Agriculture Development Corporation, Machakos County, National Lands Registrar and Africa Inland Church not to interfere or sell or transfer the property until the case is heard and determined.

“As for the application dated March 3, 2025, it is compromised by issuing an order of status quo pending hearing and determination of the substantive petition. Status quo means that there shall be no interference with the occupancy of LR number 9917/4 and LR number 9917/8 or shall there be any eviction that further there shall be no interference with the registers of these parcels of land or shall there be any transfer, sale, change or registration therein pending the hearing and determination of the petition,” ruled Yatich.

In the case, Stoni Athi’s lawyer Philip Nyachoti told the court that sometime in 1988, Mbindyo purchased the 10,000 acres ADC land.

“Subsequently, he was issued with a Certificate of Title in respect thereof even though he had not paid the full purchase price thereof,” said Nyachoti.

He further said that ADC then reclaimed around 3,000 acres from the former PS, for Sh2.9 million between 1990 and 1991.

The lawyer told court that that his clients then decided to buy the property, which had been surrendered to Machakos County in 2013.

Upon seeking authorisation of the NLC, it decided to check if the property was available for allocation, after which it was cleared for sale.

“Thereafter and by virtue of the decision aforesaid, the Petitioner was allocated all that parcel of land known as L. No. 9917/8 by way of a Letter of Allotment dated  November 22, 2017 for valuable consideration of Sh2.05 million which was duly paid by the petitioner,” he said.

Nyachoti told court that Mr Mbindyo sued Justus Wainaina and two others and was granted orders touching the land claimed by his clients.

He said that upon learning about the Judgment, they moved to court and were allowed to join the case by Justice Oscar Angote who also set aside the judgment.

The court heard that Mbindyo filed another case in Nairobi against the NLC.

“Leave was granted to the second respondent to commence Judicial Review proceedings against the 1st Respondent and stop the scheduled hearing. The matter was subsequently transferred to Machakos with new reference being Machakos ELC Judicial Review Case No. 30 of 2020 (formerly known as Nairobi ELC JR No. 396 of 2016) ("the Machakos Judicial Review case"),” said Nyachoti.

Nevertheless, the Machakos court ruled in NLC’s favour. The lawyer said Mbindyo appealed the decision, and it has not been settled to-date.

In the meantime, despite the commission being a party to the case, Nyachoti said that it invited his clients to a hearing and, despite their objection, NLC directed that their lease certificate be cancelled.

At the same time, NLC allegedly claimed that it could not trace its own documents.

He argued that his clients were condemned unheard and that NLC had intimated fraud, which it allegedly did not seek to have investigated.

“To allege that it cannot trace its own documents is inexcusable abdication of its constitutional duty as a custodian and manager of public land and the determination of February 17, 2025, is therefore wanting in its validity and reliability and should thereto be set aside.

Stony Athi wants the court to find that NLC had no powers to hear or settle the dispute.

In response, Mbindyo’s wife, Jane Nyaboke urged the court to dismiss the case. She maintained that the former PS owns the entire property.

She argued that Mbindyo had occupied the land until Stony Athi, ADC and AIC came to claim the same.

“It is worth noting is that the 2nd Respondent and I have enjoyed quiet possession over the suit property since acquisition from Lands Limited, up until the interruption by the petitioner, third respondent and the eight respondents, who were all laying claim to the suit property,” she replied

Nyaboke told court that the Directorate of Criminal Investigations had conducted a probe alongside the NLC and found that the surrender was not completed, hence, was not available for sale to either.