Kihiu Mwiri farmers sue firm they claim grabbed their land
Kihiu Mwiri Farmers’ Company director Phares Mwangi Njoroge. He has accused Breeze Investment Company of grabbing 134 acres from the farmers’ group Kenyatta Farm land in Murang’a County and erecting a live electric fence. PHOTO | JOSEPH WANGUI | NATION MEDIA GROUP
What you need to know:
- Breeze Investment Company is accused of encroaching into the Mitubiri/Wempa (Kenyatta Farm) land without authority.
- Mr Njoroge said the land was sub-divided illegally and fraudulently transferred to Breeze.
- But Breeze Investment says the farmers sold the parcel of land to the company for Sh37.5 million on November 25, 2009.
More than 3,500 members of the controversial Kihui Mwiri Farmers’ Company have gone to court protesting that their 134 acres of land in Murang’a County have been grabbed by a private investment company.
The group’s director Phares Mwangi Njoroge, told the Nyeri Land and Environment Court Judge Abigail Mshila that Breeze Investment Company has encroached into the Mitubiri/Wempa (Kenyatta Farm) land without their authority.
He said the company is erecting live electric fence cutting through members’ homesteads and land parcels, blocking a common water source which they use in their homes and for farming.
Mr Njoroge said the members are the rightful owners of the land after receiving freehold title deeds from the government on August 31, 2015, following a directive by President Uhuru Kenyatta.
ILLEGAL SUBDIVISION
In the case, they have named the investment company, the Director of Surveys, Registrar of Titles and Commissioner of Lands as respondents.
Mr Njoroge said the land was sub-divided illegally and fraudulently transferred to Breeze without the farmers’ knowledge and consent.
The court heard that the dealings were undertaken in secrecy after collusion with officials in the office of the Registrar of Titles and those in office of the Commissioner of Lands.
The officials fraudulently removed the caveat and charges on the title by the Commissioner of Income Tax, the court heard.
“On April 22, 2016, Breeze Investment was advised by Chief Land Registrar to stop development until the matter is settled but they have completely failed to comply.
ELECTRIC FENCE
“Electric fence in the farm poses danger to residents’ lives and [there is also] fear of retaliatory attacks owing to the emotive land issues,” the farmers said.
In response, Breeze Investment chairman Jagi Gakuju said the farmers sold the parcel of land to the company for Sh37.5 million on November 25, 2009.
Mr Gakuju indicated that the land was to be auctioned by Standard Bank over a Sh25 million debt advanced to the farmers’ group in 1992.
He insisted that the company is in lawful occupation of the land and denied receiving an order from Chief Land Registrar stopping development.
Mr Gakuju added that the Kihiu Mwiri director, Mr Phares Njoroge, is aware of the transaction which was completed on April 12, 2013 during a meeting of the board of directors.
The judge transferred the case to Murang’a Law Courts where a Land and Environment Court has been established and also due to the proximity of parties in the suit.
