Murang’a Governor Irungu Kang’ata.
Murang’a County is battling with the trustees of the Salvation Army Churches of Kenya over the control of multi-billion shilling land on its border with Kiambu.
The contested 964-acre bloc is estimated to be valued at Sh4 billion according to the petitioner (Salvation Army Church) who has moved to court and secured a court order stopping the county government of Murang’a from interfering with the operations of the property until the matter is heard and determined.
The Salvation Army Churches of Kenya filed a petition in court after the county government placed an advertisement in one of the local dailies on November 17 under the tender notice page inviting eligible firms for proposals for outsourcing quarry mining operations on the suit property for a renewable period of one year.
''Tender No.MCG/RFP/007/2024, request for proposal for outsourcing of quarry mining operations at LR.9213/1&2 for a period of one year renewable,’’ the notice read in part.
'Split'
The Church noted that of the contested land, 699 acres are domiciled in Murang'a County and 265 acres are in Kiambu County.
In its submissions to the Thika Land and Environment Court, the church said it has been operating the quarries on the contested land since the 1980’s where it also runs a training college, residences for its officers, and an agricultural farmers training college.
''At all material date, the petitioner is the registered proprietor of all that known as land reference number 10531 originally No.9213/2, delineated on the land survey plan number 75069 under grant number 19076 for a term of 945 years from 1.81962,’’ the church said in its court filings.
Salvation Army Church further noted that there has never been any complaint from the county government. The church said all the revenue generated has been supporting social welfare programmes across the country such as children's homes, and schools for the disabled such as Thika School for the Blind, and Joytown School for the Physically Handicapped, which operates from Thika town, Kiambu county.
Intimidation claim
Murang’a County government has also been accused of using State security to intimidate the Salvation Army Church to surrender the land.
Lt Col David Musyoki who is Secretary for Business Administration at the Salvation Army Church in his affidavit, while pleading with the court to issue them with a court order, lamented that if the latter is not issued there would be a likelihood of the situation escalating into grave security issue with opposing sides descending into deadly fights
Salvation Army has listed the Chief Officer, land Physical Planning and Urban Development in Murang’a County, as the respondent, the county as the respondent and the National Land Commission, the Chief Land Registrar and the Attorney General as interested parties.
Ordered to keep off
Last week, the Thika Land and Environment Court issued an order stopping the county government and the church from engaging in any operations on the contested land until after the hearing which is set for January 21, next year.
''This matter coming up on November 27, 2024, for directions on the Notice of Motion dated 25/112024 before Honourable Justice J G Kemei and upon reading the application, it is hereby ordered that serve the application for parties hearing on 21/1/ 2025, that in the interim there shall be no dealings on the suit lands.," Lady Justice Grace Kemei ruled.
Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other persons disobeying and not observing the same,''
Murang'a County Chief Officer for Lands Brian Paul declined to comment about the matter. He referred the Nation to the County executive for lands James Gatuna who later referred us to the County Attorney promising he would call back. He never did.
Murang'a Governor Irungu Kang'ata told the Nation on Saturday that the land Salvation Army church is claiming ownership ceased being theirs a long time ago and the title deed they are using no longer exists on the land registry.
''The land moved from mzungu to Del-Monte then to County after the expiry of the Del-Monte Lease. Counties usually get land through the expiry of leases. All lands except freehold belong to counties or communities mainly in arid areas under the Community Lands Act. Once leases expire, the land is vested on the original owner- County,'' Mr Kang'ata said through a text message on Whatsapp.
Mr. Kang'ata maintained that the contested land belonged to the county government citing another case filed by five petitioners Samuel Irungu Muiruri, John Njoroge Gacho, Erastus Kinuthia Kibe, Julius Kanyiri Wambui and Mercy Mugecci Mburu filed under ELC Case No.47 of 2020 where the court ruled in favour of the county claiming the plaintiffs lacked title deeds to assert their claim of ownership.
The church said it had never been party to the said suit and its subsequent ruling and only came to know about it when the county invaded its land and if any they would challenge it in court.
