Kakuzi seeks to invalidate order to surrender 3,200 acres to squatters
The Environment and Land Court has certified as urgent a petition filed by agricultural giant Kakuzi PLC seeking to quash a directive by the National Land Commission (NLC) requiring the firm to surrender 3,200 acres of its land for the settlement of squatters.
The court directed Kakuzi to serve court documents on the NLC and other parties named in the case ahead of the hearing on December 4, 2025.
In the petition, Kakuzi argues that the NLC’s order, first published in a Kenya gazette notice dated November 14, 2025, is unlawful, unconstitutional, and beyond the commission’s powers.
“The said directive amounts to a nullity as the NLC has acted in excess of jurisdiction,” the company stated, adding that the move infringes on its property rights under Article 40(1) of the Constitution.
The gazette notice stemmed from several historical land injustice claims lodged between 2017 and 2021 by groups including the Kakuzi Division Development Association, Kituamba Kaloleni IDPs, the Milimani Community, and Hannah Njoki Mwangi.
Among its recommendations, the NLC directed the Director of Land Adjudication and Settlement to regularise existing settlement schemes within Kakuzi’s land, conclude titling, and ensure better accessibility for affected communities.
The commission also ordered Kakuzi to relocate public utilities such as schools or provide alternative access roads.
Additionally, the company was to surrender 50 acres to the Murang’a County Government for market centres, urban development, and other public amenities.
Kakuzi claims that the situation on the ground deteriorated almost immediately after the notice was published on November 17, 2025.
According to the Managing Director Christopher Flowers’ led firm, groups of people invaded sections of its expansive estate and began planting bananas, disrupting its livestock operations.
The company says such incidents underscore the urgency of the court’s intervention, warning that continued encroachment could cripple its business and alter the character of the disputed properties.
One of Kenya’s most prominent agribusiness companies, Kakuzi employs over 3,000 workers and works with another 3,000 small-scale farmers whom it supports with training and technical services. The firm is a significant exporter of fresh avocados to Europe and macadamia nuts to the Far East and the United States.
It also produces blueberries, timber products, and livestock. With approximately 1,400 shareholders on the Nairobi Securities Exchange and a majority shareholder, Camellia PLC, also listed in the UK Kakuzi argues that the NLC directive borders on illegal expropriation and threatens both local and international investments.
The company cites Article 5(1) of the Kenya–United Kingdom Bilateral Investment Treaty, which protects investors from measures equivalent to nationalisation.
Kakuzi says it has invested around Sh11billion in land, biological assets, buildings, dams, machinery, and other infrastructure investments it believes are now at risk.
“There is an imminent risk that the applicant’s agricultural business operations will be paralysed, resulting in irreversible damage,” the company noted.
As the December 4, 2025 hearing date approaches, the case promises to reignite long-standing tensions over land ownership, historical injustices, and the delicate balance between private investment and public interest.
With livelihoods, investor confidence, and thousands of acres of productive farmland at stake, all eyes will be on the court where the battle over Kakuzi’s land is set to unfold.
