The contested 472-acre parcel of land in Nairobi's Njiru area belongs to the family of the late Gerishon Kirima, and the government has no plans to settle squatters there, Lands Cabinet Secretary Alice Wahome has said.
Ms Wahome and State Department for Lands and Physical Planning Principal Secretary Nixon Korir said on Tuesday those living on the parcel of the controversial land failed to do due diligence before buying.
"I want to make it clear that the land belongs to the Kirima family. We have all the records here at the Ministry of Lands to show that," Ms Wahome said.
She added that the government was aware that some people were walking around the vast property issuing threats and warned that the police had already received such information.
"As a ministry, we have received a lot of enquiries whether we can buy the land or settle people on it. We have no such plans, the land belongs to Kirima and the government has no claim or say in the matter," she added.
This contradicts a statement made by President William Ruto in October, when he instructed Kasarani MP Ronald Karauri to work with the late billionaire's family to plan how to deal with the issue.
"Karauri, tell all your people that we have no problem with them. We will do the valuation of the land, get the money and they can go on with their lives," he said.
The Ministry of Lands says it has decided to set the record straight and inform those who still doubt that Kirima is not the real owner of the land that records clearly show that he bought the land from an Italian in June 1972.
Apart from the fact that the land belonged to the Kirima family, Mr Korir added that the ministry would take action against ministry officials involved in illegal land deals.
He said the ministry was aware that some of its officials were facing cases in court and had even been charged.
"The ministry will also take action against the officials and there is no room for negotiation for anyone found to be in the wrong," he said.
The Lands Ministry's clarification means that those settling on the land will have no choice but to leave in the next 39 days or face forced eviction.
On October 23, 2023, Environment and Land Court Judge Samson Okong'o issued a ruling naming Kirima as the rightful owner of the land.
Judge Okang'o gave the squatters until December 31, 2023 to vacate the property and hand it over to Kirima's estate.
The Nation can reveal that senior judges, a political leader, top police officers and senior officials of the National Intelligence Agency are among those affected as they own plots there.
This comes at a time when residents, who are expected to vacate the land by the end of December, have asked the Directorate of Criminal Investigations (DCI) to investigate how the land was acquired by Kirima.
On November 20, 2023, the High Court directed some of the residents of the disputed land to serve their court papers on all parties in the case and to appear before the court on January 24, 2024 for further directions.
In the case, the residents, represented by lawyer Danstan Omari, are challenging the court's decision to evict them from the disputed land by the end of this year.
"LR No 6825/2 is a subdivision of L.R. No 6825 (original number 42/2/2/9) which originally comprised 505 acres and was registered in the name of Percy Evely Randall who purchased the property from George William Shutt and Walter Thomas Shapley," Ms Wahome said, adding that the deed was registered on July 23, 1929.
The history further states that on February 4, 1921, Mr Randall deeded 32.8 acres to Bur Singh Ahluwalia, which was land reference number 7086 (original number 6825/1). The conveyance of this transfer was then registered on June 27, 1942.
On March 3, 1943, Randall again transferred 472.5 acres less 1.5 acres of road reserve, land reference number 6825/2 to Hiran and Gidoomal & Gulamhussein Malla Alibhai as tenants in common in equal shares.
Mr Mulla then transferred his undivided half share to Jethan and Gidoomal and Gagandass Dayaram as tenants in common in equal shares.
On March 8,1948, a deed was registered by which Hiranand Gidoomal, Jethanand Gidoomal and Gagandass Dayaram transferred the property to Inder Singh Gill.
On November 11, 1952, Inder Singh Gill transferred the property to Satyendra Triambaklal Thakore, Valkunthlal Triambaklal Thakore, Shivabhai Gordhanbhai Amin, Chandubhai Haribhai Patel and Gulamhussein Kassam Ishani.
The land was transferred in 1965 from Chandubhai Haribhai Patel to Thakorbhai Motibhai Patel, Natrerlal Umedbhai Patel and Bhupendra Chandubhai Patel.
"On February 7, 1966, a conveyance was registered to Percy Everly Randall. On September 16, 1967, Percy Everly Randall conveyed the property to Gerishon Kamau Kirima and John Gerishon Kirima, who are the present registered owners of L.R.No. 6825/2 which measures 472.5 acres less 1.5 acres road reserve," reads the history published by the ministry.
On April 11, 1969, the property was mortgaged to National and Grindlays Bank for Sh150,000.
The East Africa Power and Lighting Company (now Kenya Power) also registered three reservations to the easement.
