Blow to British owned Kakuzi as locals win land claim suit
Other than settling squatters, the company was also directed to surrender about 50 acres to Murang'a County government for public amenities
A British owned agricultural multinational Kakuzi PLC has suffered a blow after a Murang’a court declined its application seeking to quash a directive by the National Land Commission (NLC) for the firm to cede 3,200 parcel of land to allegedly settle squatters and public utilities on a long-standing historical land injustice claim in Makuyu.
In its ruling, the court presided over by Justice Maxwell Gicheru affirmed the legality and procedural fairness of the NLC’s decision dated 14 November 2025, which directed that approximately 3,200 acres of land be surrendered for the settlement of claimants under the Kakuzi Division Development Association (KDDA).
The commission had determined that portions of Kakuzi PLC’s land should be allocated to KDDA members and three additional claimant groups for resettlement purposes.
Other than settling squatters, the company was also directed to surrender about 50 acres to Murang’a County government for public amenities.
“It is my finding that the directives to regularize the settlement schemes, document public utilities and the surrender 50 acres to the County Government of Murang’a were lawful because under Section 15(a) of the Act, the 1st Respondent had jurisdiction to make such a recommendation,” said the court.
The Environment and Land Court added that the NLC took time to visit the land, interview the parties, hear their evidence, consider their submissions and conduct further investigations by interviewing the relevant government agencies and individuals.
According to the court, the recommendation was well thought out and from the evidence filed and the responses, there was no evidence of bias or bad faith on the part of the NLC against Kakuzi.
In a Kenya Gazette notice dated November 14, 2025 the NLC made various recommendations in several cases filed by groups and associations that had allegedly filed claims against the company.
The groups including Kakuzi Division Development Association, Kituamba Kaloleni IDPs, Milimani Community and Hannah Njoki Mwangi filed what they termed as historical land injustice claims between 2017 and 2021, which culminated in the gazette notice.
The notice ordered the Director Land Adjudication and Settlement in consultation with Kakuzi and any other relevant government institutions to regularise the settlement schemes within Kakuzi land by enabling titling, where pending and conclude the settlement.
The notice added that Kakuzi should relocate schools and public utilities with challenges in access, closer to the people and in the alternative provide proper access roads.
This to be done in consultation with the public or users as well as other relevant government Institutions and departments.
Kakuzi was also directed to regularise or document all surrendered land to the Murang’a County government for market centres and surrender at least 50 acres of land in an appropriate location solely for public purpose, for the development of urban centres for any other public utilities and amenities.
The company had asked the court to intervene arguing that the NLC’s directive is unfair, unjust and unreasonable stating that it had made several requests to be furnished with the determinations without success.
Kakuzi PLC unsuccessfully argued that the directive is illegal and a breach of the constitution.
The firm which has been on a collision course with the local community over allegations of human rights abuses involving their security guards stated that invested approximately Sh11 billion which includes biological assets, land, development, buildings, dams, plant and machinery, furniture, fittings, capital and work in progress.
The company said the directive to surrender of 3,200 acres will harm its 1,400 shareholders.
Further, the company said the directive creates a negative precedent and risk to the Kenyan economy.
However, in a landmark decision, the court dismissed the case saying Kakuzi had not shown that the determination was without merit.
“In conclusion, I find no merit in the summons dated 19-11-2025 which I dismiss the costs,” said the court.
Although Kakuzi PLC has been granted leave to appeal to the Court of Appeal, the court declined to issue further injunctions that would delay enforcement, effectively allowing the implementation process to proceed while appellate proceedings continue.
KDDA representatives noted that the ruling is a pivotal development in the efforts to address historical land grievances linked to colonial and post-independence land allocation patterns in the region.
