Over a thousand residents of Ngoliba, Mavoloni and Yatta villages in Kiambu and Machakos have been dealt a blow after a High Court dismissed their case in which they claimed ownership of 1,599 land stretching across the two counties.
The prime land under parcel numbers Gatuanyaga/Ngoliba/Block 2/1-209 has been at the centre of a protracted court battle between residents under Mavoloni Company Ltd and a list of respondents.
In the year 1992, the residents say that the government of Kenya through the commissioner of lands approved their application for sub-division of their 1,599 acres into 205 agricultural plots ranging from 5 to 139 acres.
As a condition, they surrendered their original title to the government in exchange for new free hold titles and paid for the compilation fee as demanded.
Upon sub-division, the residents stated in court documents that the commissioner of lands did not hand over to them free hold title deeds for the 205 agricultural plots in their name as agreed.
Upon receipt of replying papers, the residents discovered that the titles were issued in the name of Mavoloni Company in 1992 and transfers done to the Kenya African National Traders and Farmers Union and Standard Chartered Managements Agents Limited.
The titles, they state, were unlawfully issued depriving them of their interests in or rights over the 209 plots.
Resultantly, the residents moved to court seeking to quash the decision that they claim was executed without necessary consents of the area Land Control Board.
Among the entities and individuals cited as accused in the matter are the land registrar, the director of survey, the commissioner of lands, attorney general, Kenya African National Traders and Farmers Union and Longneck International Limited.
Individuals cited in the matter are Dominic Kamata Njogo, Hellen Nduta Kamata, Kenneth Karatu Kibunja, Yahya Muhammed Suleiman, Naima Suleiman, Dominic Kikui, Elias Kimani, Teresiah Nduku alongside Standard Chartered Managements Agents Limited.
In court documents, the residents through Mavoloni Company Ltd sought to have the Land registrar Thika ordered to rectify land registers so as to reinstate and or re-register them as the proprietors of the land.
They further sought to have the director of survey compelled to provide a registered registry index map and area list for the land.
In their claim list, the aggrieved residents also wanted to have Kenya African National Traders and Farmers Union and Standard Chartered Managements Agents Limited evicted from the suit parcels and permanently restrained from re-entering using in any way and or interfering with the use and possession of the land.
They also wanted to have the cautions against their title numbers 122, 137, 205, 206, 207, 208, 209 be removed and the Standard Chartered Managements Agents Limited be ordered to surrender the original title deeds to the applicant.
But justice Christine Ochieng sitting at Machakos High Court dismissed the residents claim ruling that Kenya African National Traders and Farmers Union and Standard Chartered Managements Agents Limited demonstrated how they acquired their respective parcels of land and confirmed being registered proprietors of the said parcels of land with some of them having been disposed to third parties
Justice Ochieng opined that there was no evidence indicating that the two institutions obtained the land under question through fraud or misrepresentation.
She ruled that the residents had failed to discharge their burden of proof on fraud as against the respondents and in the circumstances, the orders sought were dismissed with costs.
Speaking to journalists after the ruling, residents called on president William Ruto and his deputy Rigathi Gachagua to intervene to have them regain the land.
They further vowed to appeal the high court’s decision saying their matter would be better heard by several judges.
Lawyer B.M Mung’ata who has been representing the residents insisted that justice had not been served as the accused failed to prove the process under which they acquired the parcels.
