Nakuru High Court bars State from hiving off 10,000 acres of Delamere land as family alleges grabbing attempt  

A vicious tussle revolving the attempted controversial takeover of a portion of the expansive land belonging to the Delamere family is brewing between government operatives and the trustees of the Vale Royal Trust, the registered proprietor of the contested parcel has landed the in corridors of justice with the latter alleging a blatant land grabbing attempt according to documents filed before the Environment and Land Court in Nakuru.

In her ruling dated May 20, 2025, Nakuru High Court Judge Lady Justice Dr. Millicent Odeny issued a temporary order barring the government from occupying a 10,000-acre portion of the Delamere Estates, which spans 42,516 acres.

Justice Odeny ordered the Ministry of Lands to refrain from subdividing or alienating the land, and instructed the parties to submit their documents by June 10, 2025.

“A temporary injunction is hereby issued restraining the defendant/respondents, servants, agents, employees, or any person acting on their instructions from entering, subdividing, taking possession of, alienating, or in any other way interfering with the plaintiff/applicant’s parcel of land known as LR NO. 9362/7 pending the hearing of this application inter partes,” Justice Odeny ruled.

She further directed the parties to file submissions within 14 days upon receipt of the responses ahead of the mentioning of the case slated for June 10, 2025.

This ruling followed an application by the Delamere family, represented by Jonathan Stewart Coulson, who has sued the Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development Alice Wahome and Principal Secretary for State Department for Lands and Physical Planning Nixon Korir as first and second defendants respectively.

Also, the National Land Commission and the Attorney General Dorcas Oduor have been enlisted in the suit as third and fourth respondents respectively.

In documents filed in court, Coulson argued that, through a letter dated March 28, 2025, PS Korir claimed that Lord Hugh Cholmondeley had offered to surrender 10,000 acres to the government in 2017.

According to documents filed in court, Coulson who is a trustee of Vale Royal Trust further says that neither Delamere nor Syosambu Conservancy legally owns the land in question. Instead, he asserted that the land is registered under the Vale Royal Trust.

“The PS quoted the wrong title number of the land and wrongly referred me as the Managing Trustee, Soysambu Conservancy, saying the land was to be used to resettle squatters…The pattern of events is indicative of an illegal and fraudulent operation to forcibly acquire the land. It is incredible that despite being the technocrat and a custodian of the land records the PS could brazenly quote a wrong parcel number and even use a document,” the court documents reads in part.

Coulson added that there have been several invasions on the land by individuals claiming ownership and some had filed a suit for adverse possession, which was dismissed.

“Shortly after the invasions, the PS wrote and the letter confirms my fear of the government officers’ involvement during the invasions,” he submitted.

He attached trespass reports and OB numbers he made to the Elementatita and Gilgil police stations, insisting that no arrests nor prosecutions have been made.

“Some invaders have come to be known and they have openly bragged of being protected by senior government officers. If the court does not intervene urgently, I stand to lose my property,” he said.

Coulson deposed that the Delamere family had occupied the land since March 1, 1960, under the leasehold ownership. The lease, he stated, is for 945 years.

He said they leased part of the land to Soysambu Conservancy, which has been utilised as a wildlife conservancy on the property.

Coulson has insisted that he has not received any formal notification or due process required under the applicable laws on compulsory acquisition by the government.

The letter by PS Korir, dated May 28, 2025 is titled Surrender of Portion of Land, approximately 10,000 acres.

Korir confirmed that Lord Hugh allegedly surrendered the land to the government, following which its title name was changed from LR 9362/7 to LR 9363/4.

Korir said that the land was to be surrendered for the purposes of resettlement of the squatters and provision for public utilities. He did not give details.

“I note that no progress was made to that effect and would like to have this matter fast-tracked. The department would like to have a scheduled meeting with the management of the conservancy with a view of fast-tracking this issue,” he wrote.

The PS attached a letter with the Soysambu Conservancy logo, written by Lord Hugh, to confirm the alleged agreement.

The case will be mentioned on June 10, 2025 for further directions.