A Nairobi court has ordered the eviction of billionaire businessman Peter Munga from a 75-acre parcel belonging to food processing firm Del Monte Kenya Limited in Murang'a County for breach of lease agreement.
Mr Munga was dealt another blow after the Environment and Land Court judge Anne Omollo directed him to relocate Pioneer International School, a high-profile learning institution linked to him and housed in the disputed land. The tycoon has until the end of this year to vacate the property.
The judge gave the school up to December to conclude the learning activities without disruption and then cease operating on the disputed land.
“I take regard to the best interest of the child to let the school calendar for this year run to an end before the students’ learning is disrupted,” said Justice Omollo.
She, however, directed the school to surrender the property on December 20, 2025, but continue paying monthly rent due to Del Monte in the intervening period.
Justice Omollo noted that Del Monte had accused Goshen Gardens Limited of transferring its assets and lease to Pioneer International School without its knowledge. The institution then defaulted on rent payment, a move that forced the land owner to terminate the tenancy agreement.
Before Pioneer International School had entered into the scene, the judge said Del Monte had already served Goshen Gardens with a notice to terminate the tenancy over rent default.
Del Monte moved to court in 2016 seeking several orders, including the eviction of the school from the vast land. The company urged the court to order the school to pull down or remove all fixtures, fittings and other assets from the property.
In default, the Officer Commanding Ngati Police Station in Murang’a was directed to enforce the eviction order.
Del Monte stated that Goshen Gardens had leased 75 acres of the contested land for a term of eight years with effect from September 3, 2013, at a revisable monthly rent of Sh550,000.
However, in February 2015, Goshen Gardens defaulted in rent payment and were served with a notice to vacate. When the default continued, Del Monte terminated the lease and ordered Goshen Gardens to leave the land.
However, Goshen Gardens moved to court, accusing Del Monte of violating the terms of the lease agreement. According to Goshen Gardens, Del Monte had allegedly changed the acreage of the lease from 100 acres to 75 acres.
Further, Goshen Gardens accused Del Monte of trespass and exposing it to various security breaches, including uprooting its fence. The court heard that unknown people broke into the school premises on February 2, 2015 and stole property worth Sh1.6 million.
The case was thereafter referred to arbitration and Goshen Gardens was to continue occupying the property pending the outcome of the arbitral proceedings. However, the parties resolved to forgo the arbitration and resolve the dispute amicably.
As the dispute raged, Goshen Gardens’ director, David Kigwe, requested Del Monte to meet with Mr Munga, the chairman of Pioneer International School, with a view to discussing a possible resolution of the dispute.
At the meeting in August 2015, Mr Kigwe indicated that he was considering transferring its assets to Mr Munga and asked Del Monte to confirm the possibility of the school taking over the lease.
In mid-October 2015, Del Monte said it discovered that Goshen Gardens had handed over possession of the property to Pioneer International School.
Mr Munga denied being in a lease agreement with Goshen Gardens but expressed interest in the purchase of the school premises.
In another meeting on November 19, 2015, Mr Munga asked Del Monte to give an undertaking that the property would be leased to it after Goshen Gardens had vacated the premises.
Mr Munga said he understood that should he proceed to buy the school, pay the outstanding and accruing rent, then Del Monte would honour the assurances of welcoming him to the premises and entering into a new lease.
As a result of that understanding, they continued to pay the monthly rent as and when it became due and Mr Munga agreed to buy the school from Goshen Gardens for an additional Sh38 million.
