Armed with an undated newspaper article, Mr Stephen Mathenge and several others gather in Meru town in pursuit of 42,000 acres of land they say was allocated to their parents, who were then farmhands.
Members of the Ntarangwi Settlement Scheme Community Based Organisation (CBO) argue that about 210 reformed thieves were allocated the land in the 1970s by the then Minister of Lands and Settlement, Jackson Angaine.
Most of the CBO members, who are children and grandchildren of the original landowners who have since died, are claiming land registered as trust land under gazette notice number 1245 of April 20, 1972.
According to the news article, Mr Angaine had summoned all thieves in Meru and promised to give them land in line with founding President Jomo Kenyatta's call for all Kenyans to venture into agriculture.
“Serikali itawapatia makao mashambani kama mtaapa na kuahidi kuwa hamtaiba tena (The government will give you land if you promise to stop stealing),” Mr Angaine is reported to have told a gathering of criminals at Kinoru Stadium.
The spiritual leader of Njuri Ncheke, Reverend Stephen Mwithimbu, says that ex-convicts and farm labourers were among those allocated land by the Minister of Lands.
“The group that was allocated the land was named Ntarangwi, which means many herds of cattle, because the land was in a grazing zone. Not all beneficiaries were thieves or ex-convicts. Young people who were employed as herders by cattle owners were also given land,” Rev Mwithimbu says.
Mr Mathenge, one of the claimants, says he was among the reformed robbers who were allocated land in the grazing zone.
“Angaine summoned us and promised to give us land so that we could stop stealing in Meru town. He was a victim because his KANU office had been broken into…”
“Later, we were called for a meeting near the Meru law courts where our photos were taken. We were allocated land in Tigania West near the Isiolo airport,” Mr Mathenge recounts.
He says they were offered transport to the expansive Meru grazing zone and each showed their parcel of land.
“When we settled, there were a lot of conflicts. Houses were burnt and herders would graze their animals on our farms. We have been in court without reprieve,” he said.
Ms Hadija Hassan, whose father was allocated land in the disputed area, says their home was set ablaze forcing them to flee.
“Many women were raped and beaten. I have scars from the times we lived on the land. We left the area to save our lives. I urge the government to serve us with justice by giving us the land allocated to our parents,” Ms Hassan said.
The land owners have been in court for 30 years after a petition number ELC NO. 141 of 1992 was concluded on March 8, 2023.
In the petition filed by Richard Mugo and 246 others, members of Ntarangwi Settlement Scheme said they had occupied the land until 1980.
Another group of 210 members, who have been identified as reformed criminals, are listed as interested parties.
The court established that the 42,000 acres of land in the 1992 suit was located within Ngaremara/Gambella Rikiau Adjudication Section which was declared in 2016.
They further told the court that land belonging to 15 of their members was allocated to the then Department of Defence in 1980 without compensation.
Several attempts were made to resolve the row through Alternative Dispute Resolution (ADR) until 2018, when the case was heard.
However, last year, Justice Christopher Nzili ruled that the court had no jurisdiction to hear a suit over land that was under adjudication.
“The suit became a nullity the moment the land was declared an adjudication section. It cannot be stayed since it is a nullity,” Justice Nzili ruled.
Ntarangwi Settlement Scheme CBO Chairperson Daniel Mwenda said they had been denied justice since the land was declared an adjudication section when the matter was already in court.
“We were advised by the court to seek the help of the land adjudication officer but we have not been assisted. The lands officer says the process has been concluded and title deeds are ready to be issued. How could they start adjudication while we were in court?” Mr Mwenda asked.
Court documents indicate that the applicants did not know that the land they were claiming was within Ngaremara/Gambella Rikiau Adjudication Section.
“The reason for the delay to apply for a stay is that the applicant herein was not aware that this suit related to the Ngaremara/Gambella Rikiau Adjudication Section since the plaintiffs had not specifically mentioned the said names or facts in their pleadings but only described the land as Ntarangwi scheme,” Justice Nzili said.
Ntarangwi Settlement Scheme CBO Secretary Kariuki Muchiri, who claims his father was allocated land in the scheme, says the confusion started when different groups started claiming ownership of the land.
He says the name Ntarangwi was changed to Turingwi in an attempt to erase the history of its allotment. The area, located along the Lapsset corridor near Isiolo town, is known as Turingwi sub-location.
Among prime public assets within the 42,000 acres are the 78 Tank Battalion barracks, Isiolo International Airport and Turingwi A and Turingwi B urban centres, whose planning started in the 1980s.
“Our fathers have been pursuing this land in vain. Many of them died and left the struggle to their children, but 50 years later we are yet to get it. We are demanding the parcel remaining after allocation to the airport, KDF and the market,” Mr Muchiri said, adding that the group has sought assistance from the Ministry of Lands and the Office of the Ombudsman to no avail.
“Tigania East and Tigania West district lands and adjudication officers have denied knowledge of our land. They are demanding that we produce the land registration numbers, which we do not have,” he said.
They now want Lands Cabinet Secretary (CS) Alice Wahome to intervene and ensure that the descendants of the reformed criminals get a share of the expansive land.
