Trans-Nzoia
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Mzee Kenyatta dancers’ 50-year wait for title deeds to end soon
A 50-year wait for justice by a women’s group in a land ownership dispute in Trans Nzoia County will end now that the government is planning to issue members with title deeds.
The Nyakinyua Mugumo Women Group used to sing for the late President Jomo Kenyatta and they accrued resources that enabled them to buy several assets, among them land across the country.
“Whenever Mzee toured Nakuru, we were among the groups that used to entertain him at State House. We later decided to save proceeds we made through singing for investment goals,” said Lucia Wangare, now 72, who was the secretary of the group.
Ms Wangare said they developed an interest in the Trans Nzoia land and approached the late President to help them purchase it from the white owner who wanted to move back to his mother country.
“We had raised Sh1 million in our group’s bank savings. We told Mzee about our desire and he instructed the provincial commissioner to fast-track the process of legalising the purchase,” she told Nation.Africa in an interview in her home on Mukuyu farm.
She explained that every member contributed Sh500 and after completing payments, they were issued with share certificates of the Nyakinyua Magumo Women Tree Society.
In the late 70s, 11 members purchased 2,050 acres at Nyakinyua in Trans Nzoia with help from Mzee Kenyatta. They paid Sh3 million through SFT after forming a land-buying company with a membership of 1,628 on a shareholding basis.
They later bought 200 acres in Sirende in 1978 and the process of subdividing the land began, with each member required to pay some money to facilitate the process, which was marred by fraud.
The wrangles led to the creation of splinter groups following counter-accusations that ended up in court as some members had been left out when the land was subdivided.
Nancy Wanjiru (who’s age is unknown as her ID reads 0000), also a member of Nyakinyua, explained that the women found themselves in Trans Nzoia County after being brought from Murang’a by white settlers to work on coffee farms in Endebess due to their experience.
Thereafter, the women, who were young mothers, would regroup and proceed to Nakuru, wherever they were called upon to entertain the late Kenyatta.
“At that time in April 1978, I was a young mother with three children. We met Mzee at State House in Nakuru and had composed a song requesting him to allow us to own land, which he obliged,” Ms Wanjiru recalled.
Ms Wanjiru said the planned issuing of title deeds is overdue because they have spent a long time feuding, with the case affecting developments on the land that has been subdivided several times because of population growth.
The case has seen the third generation wrestle over ownership of the land up to the Court of Appeal.
The case was dismissed when some of the petitioners failed to appear in court.
The court also slapped a Sh19 million fee and if they did not pay the land would be sold through auction.
The Interior ministry, however, swung into action to save the land.
Rift Valley Regional Commissioner George Natembeya coordinated with CS Fred Matiang’i to have the fee paid by the government for the land with 1,106 plots, including 10 public utilities.
The plots have been surveyed, with only 378 pending.
“There are some cases where two individuals are claiming the same land and we have to ensure the matters are settled. Some of them don’t have any documentation but their names are in the register,” Mr Natembeya said.
Once the audit process is complete, he said, the President will tour the region to hand over the title deeds to the community, which has feuded for a long time.
“We have about 300 cases of disputed documents that are being verified by the land titling team because most of them are cases of succession. We will issue about 1,450 title deeds once we are through,” Mr Natembeya said.
The dispute started after the women split into two opposing camps nearly 30 years ago - Nyakinyua Women Ltd and Nyakinyua Mugumo Tree Ltd.
Nyakinyua Women sued Nyakinyua Mugumo Tree for allegedly interfering in its affairs concerning the management of the land.
But in a mid-morning post by CS Matiang'i, the community now can breathe a sigh of relief as an audit and the titling process for the land of up to 2,000 acres is being finalised.
“For over 50 years, the community in Kaplamai, Trans Nzoia East sub-county, has been plagued by land disputes. However, with the final process of auditing and titling over 2,000 acres in Nyakinyua farm by a joint government team, farmers can now breathe easy,” wrote CS Matiang'i.
In June 1996, Nyakinyua Women filed a lawsuit against Nyakinyua Mugumo Tree for possession of two parcels of land - L.R. No. 1803 and L.R. No. 7393 - in Trans Nzoia.
They also wanted an order that the company surrender title documents to the society.
The society told the court that although they bought the two parcels in 1978, the company was incorporated two years later without their knowledge or consent, after which the company trespassed on the land.
In its defence, the company said the society and the company were the same thing and that their members and properties were not distinct.
The company told the court that the society was incorporated into a limited liability company under the Companies Act on February 20, 1980, with the agreement of the society.
Formed in 1972, the society was registered in 1976, and with 1,559 members, bought L.R. No. 1803, comprising about 2,250 acres from one Bridson between 1979 and1984.
In 1979, members of the society also bought Sirende Farm, L.R. No. 7393, comprising 200 acres from one Wanyonyi and paid for the farm in cash and members settled on both farms.
Members learnt of the incorporation in 1984 when elections were held and the original members were ousted and the society did not recognise members of the company as members of the society, triggering the case.