Former AG Charles Njonjo still embroiled in legal suit with farmers, 43 years later

The judge ordered for full trial.

Aggrieved, the former AG moved to the Court of Appeal complaining that the judge erred by failing to consider that Solio was not available for allotment and allocation to the 2,000 farmers.

However, on May 6, 2016, Court of Appeal Judges Hannah Okwengu and Otieno Odek Martha dismissed Njonjo's arguments and took the case back to the High Court.

They noted that only a full hearing would settle the contention between him and the farmers.

"We are satisfied there is joinder of various triable issues disclosed in the pleadings; the plaint and defences filed disclose disputed and contested facts whose truth and veracity can only be resolved by way of trial and full hearing," they ruled.

"The appellants ( Njonjo and Solio) submitted that there was no evidence of wrongdoing on the part of the first appellant (Njonjo). Where would the evidence come from without trial and hearing? We fail to see what prejudice the appellants shall suffer if a full trial and hearing is conducted," the judges said.

The farmers claim the contested land was allocated to them by the late President Jomo Kenyatta on March 10, 1973.

According to court records, they accused the former AG of deceit as he allegedly ordered Guchokereria's chairman, John Mjumbe, to surrender the allotment letter together with the title deed four days after and when he allegedly failed, police were allegedly used to get the documents.

The seizure became a start of a long struggle and endless legal battle between Njonjo and the farmers.

The farmers group who consisted of former Mau Mau fighters claimed  the land was bought from the Government at Sh30,000.

In reply, the former AG denied the allegations of fraud and abuse of power to block the farmers from owning the vast property. According to Njonjo, the land never changed hands and thus remained under Solio, which got an ownership title on November 26, 1965.

The case has passed through at least three judges so far.

High Court Judge Joyce Aluoch (currently International Criminal Court judge) on June 23, 2006 ruled that the farmers ought to have a new allotment from Government as they had proved their case.

"From the evidence on record, I am satisfied that the plaintiff company was allocated Solio Ranch by the late President Jomo Kenyatta, via a letter of allocation which was "taken" from their offices by CID officers who raided their offices and also took cash money," she ruled.

"I wish to commend officials and or members of the plaintiff company for the spirited, relentless and brave fight they put up for what they believed was their right to land which they had paid for. I admired their courage and only hope that the order I have issued today will be obeyed by the relevant Government Ministry to bring this long standing dispute to an end," said Justice Aluoch.

Another judge, Effie Owour in November 1981 ordered the government to re-register the land-buying company and have its name restored in the companies' register.