Maj-Gen Joseph Musyimi Ndolo in an undated photo with his wife at the Officers' Mess, Army Headquarters, Nairobi. His death in a crash in 1984 kicked off a convoluted fight over his 9,000-acre Mwani Ranch in Sultan Hamud.
A court in Makueni County has placed a son of Kenya’s first black army boss Major-General Joseph Musyimi Ndolo on his defence in a criminal case linked to a long-standing land dispute.
Andrew Ndola Ndolo faces a dozen charges, including assault, burglary and robbery with violence after he allegedly raided two homesteads located on a disputed parcel of his father’s ranch at Kalimbini B Village near Sultan Hamud Township in Makueni County.
“The defence hearing will start on June 9,” Kilungu Principal Resident Magistrate said after finding that a prima facie case had been established against Ndolo.
Mzee Titus Ngile, the main complainant who testified against Mr Ndolo, welcomed the ruling, calling it a major milestone in his pursuit of justice.
Peter Nzioki and Titus Ngile Masila in Kalimbini village in Makueni. They’re among 84 villagers fighting for a 3,000-acre farm with Andrew Ndola Ndolo.
Ndolo was arrested in March 2023, more than 10 months after he allegedly commandeered goons armed with crude weapons to raid the homesteads of Mzee Ngile and his neighbour, Mzee Peter Nzioki, on two separate occasions.
The court heard that Mr Ndolo was present during the first raid on July 2, 2022. A second raid followed three weeks later, on July 21, 2022.
“The accused did not produce an eviction order,” Mzee Ngile told the court.
The court heard that the assailants used kicks, blows and sticks to assault Mzee Ngile, his relatives and farm workers.
They are also accused of damaging houses belonging to Mzee Ngile and his son Chris Nzomo, and stealing assorted household items worth millions of shillings during the July 21 raid.
Ndolo has denied all the charges paving the way for a full trial.
Seven witnesses testified against him including a police officer who was the commander at Sultan Hamud Police Station. Police Inspector Bahati Katana placed the accused at the scene of the crime, telling the court that police intervention was required to stop the alleged eviction of Kalimbini B residents.
The prosecution also relied on Benedict Mwangangi, an excavator operator who testified that Ndolo had allegedly hired a machine from a Nairobi-based company to demolish houses on the disputed land.
The court heard that the goons accompanying Ndolo set the excavator on fire after Mr Mwangangi allegedly refused to follow instructions.
“Trouble started after I refused to demolish houses without a court order,” he told the court.
Ndolo is also charged with damaging the excavator, valued at Sh5 million.
He told the court that he has lined up three witnesses to prove his innocence in a case that could lead to a life sentence if convicted.
Born in 1919, Maj-Gen Ndolo quickly rose through the ranks to become the first Kenyan head of the armed forces. Although he was not among those in the dock, Maj-Gen Joseph Ndolo, the head of the military, was said to have been the man behind the plot and the one designated as president had the coup succeeded.
The case highlights a long-standing dispute over ownership of a 3,000-acre parcel of land at Kalimbini B Village, which was initially registered in the name of the late Major-General Ndolo.
The dispute involves 85 residents, among them Court of Appeal President Justice Daniel Musinga, who claims ownership of a portion of the land.
Ndolo suffered a major setback after the Environment and Land Court sitting in Makueni granted Justice Musinga and eight other residents adverse possession rights over parts of the disputed land last year.
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