Joseph Ndolo family embroiled in battle for 9,000-acre ranch

There was no telling that Joseph Musyimi Ndolo, the first Kenyan post-independence army Major-General, would leave the army in disgrace when he took over from a British army boss 50 years ago.

The ambitious man had risen through the ranks in the army, having cut his teeth under the tutelage of the British-led army known for its discipline.

The government dismissed Mr Ndolo from the Army in 1971 after linking him to a failed 1964 plot to overthrow President Jomo Kenyatta. Luckily, he was not tried.

The government offered Ndolo all his dues following the intervention of Major-General Jackson Mulinge, who took over from him.

HIGHEST RANK

Although Ndolo had served a short stint in the highest rank in the army, he established an empire befitting his status.

He had used his means and powers to establish a 9,000-acre ranch, Mwaani in Sultan Hamud, in the present day Makueni County. He had three wives — Alice Katiwa, Elizabeth Kamene and Rose Mutinda.

The women were widowed in 1984 when Ndolo died in a road accident as he drove from Mombasa to his Sultan Hamud home. The death sparked a convoluted fight over the ownership of Mwaani ranch, pitting the widows, powerful individuals and a corporation.

A deal Ndolo was negotiating with his friend, Josiah Kaumbulu, shortly before he died, failed to materialise, plunging the bereaved family in endless court battles. Kaumbulu, who also died in a road accident in 1989, was planning to buy 3,000 acres at Mwaani Ranch, according to court documents.

Ndolo’s sudden death came before the sale could be completed. Several attempts by Kaumbulu and members of his family to register the portion of land in his name failed. However, this did not stop Kaumbulu’s sons from laying claim to, and selling portions of the land.

LOST 1,000 ACRES

Meanwhile, another deal in which the family lost 1,000 acres of the expansive ranch, saw the family brave court battles for decades.

Months after Ndolo was buried, his extended family was locked in a land succession dispute with Joseph Maitha, a former Central Bank of Kenya director. The banker had come in to try to salvage the former army man’s property, which had been used to borrow an undisclosed amount of money from the Agricultural Finance Corporation.

The loan had not been serviced, according to court documents seen by the Nation. And that is how Prof Maitha ended up with 1,000 acres of the vast ranch.

The discontent that followed discovery of the deal forced one of Ndolo’s sons to push for the ranch’s subdivision.

There was a general feeling that Kamene should not be trusted with administering the ranch. The land succession dispute ended in court. Towards this end, the other widows argued that Ndolo’s will had been doctored.

BIGGER PORTION

A bruising court battle culminated in Kamene controlling a bigger portion of Mwaani ranch compared to her co-wives. Being the youngest of the three wives and the one who stayed at the ranch, the court ruled that she deserved more as she was Ndolo’s “most preferred wife”.

“We must, however, take into account the undoubted fact that the appellant herein was the deceased’s preferred wife and we can only do so by allocating to her house a larger share of the deceased’s net estate.

And of course the only valuable asset in the estate is the Mwaani ranch, which was said to be over 9,000 acres. 1,000 acres have been sold, leaving some 8,000 acres.

“There may still be livestock on the ranch but we shall not go into all those details. We accordingly order that out of Mwaani Ranch, the appellant and her house shall receive 40 per cent thereof while the houses of Alice and Rose shall each receive 30 per cent.

“If there still are livestock on the ranch, they shall also be shared in the same manner and in case there should be any dispute over the question of livestock, we give to the parties leave to apply to the High Court to settle any such dispute,” ruled judges Evans Gicheru, Philip Tunoi and Riaga Omolo on November 9, 2009.

This is how Ms Kamene got 3,200 acres while each of her co-wives got 2,400 acres. This left the 1,000 acres intact. Although this was expected to be good news to Prof Maitha, it was not.

The judges noted the 1,000 acres of land, which the banker claimed was unavailable, as it had already been sold.

SELLING PORTIONS

Prof Maitha sued Ms Kamene and her sons, Mr Sila Musyimi and Mr Justine Kasimu. He accused them of subdividing the land among themselves and selling portions of it while aware that he laid claim to 1,000 acres.

The aggrieved family proceeded to the Court of Appeal and lost the case when Justice Isaac Lenaola in 2009 ruled in favour of Prof Maitha.

As this happened, the effects of Kaumbulu’s family claim on the land were being felt. More than 120 households are laying claim to the land today.

Those who had bought pieces of land from Mr Jerome Mwanthi, one of Kaumbulu’s sons, include Court of Appeal judge Daniel Musinga, retired civil servant Emily Gatuguta and senior lawyer Muema Kitulu.

Ndolo’s family has been fighting the encroachment in court, insisting that all those who claim ownership of parcels of land at the ranch should pay for them at the current market rates and pursue Mr Mwanthi to recover their money.

DEMANDING TITLE DEEDS

Ms Kamene argued that the occupants bought the land from Mr Mwanthi knowing well that she owned it.

Those laying claim on Mwaani Ranch on their part insist that they are the rightful owners of the lands they claim and have been demanding title deeds.

The High Court has twice ruled in favour of the occupants. Justice Charles Mbogo of the Environment and Lands Court, sitting in Makueni, has ruled that the occupants should be issued with title deeds to the parcels they claim as they had lived there for 12 uninterrupted years.

This did not impress Ms Kamene who took the battle to the Court of Appeal.

Tomorrow: The story of tycoon Mwangi Kirungo, better known as Kahama, the name he adopted after legally abandoning his Christian name, James.

The businessman owned a successful chain of hotels that his family is now fighting over.