Court bars ex-Treasury PS Mbindyo, NLC in 3,000-acre land dispute
Members of the Stoni Athi Association have gotten a temporary reprieve after the Environment and Land Court issued orders halting any dealings on more than 3,000 acres of disputed land in Machakos County.
In her interim orders, Justice Anne Yatich Koros restrained former Treasury Permanent Secretary Charles Mbindyo, the National Land Commission, the Agricultural Development Corporation (ADC), the Machakos County Government, the Chief Land Registrar and the Africa Inland Church from selling, transferring, leasing, or interfering with the land until the case is heard and determined.
The orders were issued after an application by members of the Stoni Athi Association, who claim lawful entitlement to the land.
The dispute revolves around land originally owned by the ADC and measuring approximately 10,000 acres.
Appearing before the court, Stoni Athi Association’s lawyer, Philip Nyachoti, told the judge that in 1988, Mbindyo entered into an agreement to purchase the land from ADC.
However, the court heard that despite allegedly failing to pay the full purchase price, Mbindyo was issued with a title deed covering the entire property.
Nyachoti argued that despite not paying the full purchase price, Mbindyo was irregularly issued with a certificate of title for the entire parcel.
He further submitted that between 1990 and 1991, ADC reclaimed about 3,000 acres from the former Treasury PS after receiving Sh2.9 million, effectively repossessing part of the land.
According to the petitioners, the reclaimed land later became available for allocation and was eventually surrendered to the Machakos County Government in 2013.
Nyachoti told the court that members of the Stoni Athi Association expressed interest in purchasing the land and formally sought authorisation from the National Land Commission.
Upon reviewing the status of the property and confirming its availability, the NLC approved the allocation.
“Thereafter, and by virtue of that decision, the petitioner was allocated the suit property,” Nyachoti submitted, adding that the association followed due process and complied with all legal requirements.
However, the association claims that despite the lawful allocation, various parties have continued to interfere with the land, prompting the court action to protect their interests.
In granting the interim orders, Justice Koros noted that the matter raised serious questions touching on land ownership, public interest, and historical transactions that require full interrogation at trial.
The judge directed that the status quo be maintained to prevent further dealings that could complicate the dispute or render the case nugatory before it is conclusively determined.
