A son of former intelligence chief James Kanyotu will appear before a Senate committee investigating a land dispute in Kiambu County, after the High Court lifted orders that had blocked his appearance.
Willy Kihara Kanyotu had obtained court orders stopping the Senate Standing Committee on Land, Environment and Natural Resources from appearing before the house in an inquiry involving residents of Two Rivers Crescent Estate.
Photo credit: Evans Habil | Nation Media Group
While clearing the Senate to proceed with the inquiry, Justice David Mburu said the existence of pending court cases was not, by itself, enough to stop Parliament from investigating a broader matter of public concern.
The court noted that the committee was also examining the integrity of land records, action by the police and the Directorate of Criminal Investigations over alleged threats and attempted evictions, the security of residents and the protection of purchasers for value.
The court, however, warned that any attempt by the committee to conclusively determine ownership or title, or decide succession matters pending before the courts, would raise a different constitutional question.
“Parliamentary restraint remains necessary, particularly where statements or findings may prejudice pending litigation,” the court said.
Mr Kihara had argued that the committee was usurping the role of the courts by interrogating issues already before the Environment and Land Court and the High Court, which is handling the succession case.
He said the dispute concerns ownership and title to several parcels at Two Rivers Crescent Estate, as well as his status as a beneficiary of the estate of his late father.
The late James Kanyotu.
Photo credit: File| Nation Media Group
The former intelligence chief died in 2008, leaving behind a multibillion-shilling estate whose succession has yet to be concluded.
The disputed parcels are registered in the name of Kangaita Coffee Estate Limited, in which Kanyotu was the majority shareholder.
The Senate inquiry was triggered by a statement made by Kiambu Senator Karungo Thang’wa on June 4, 2026.
The committee was directed to examine, among other issues, the status and integrity of ownership records, the response of the Ministry responsible for lands, complaints of threats and attempted evictions, and measures to protect residents and innocent purchasers.
Mr Kihara and Jane Gathoni Kanyotu, a director of Kangaita Coffee Estate Limited, were invited to appear before the committee on July 28.
Through his lawyer, Mr Kihara objected, arguing that the matters were already before courts and that proceeding with the inquiry would violate the sub judice rule.
The Senate and the Attorney General opposed his application, arguing that Parliament has constitutional powers to investigate matters of public concern and that the committee was not being asked to determine who legally owns the land.
The Attorney General said Parliament's investigative powers under Article 125 allow committees to obtain information, examine complaints and make recommendations, but do not give them judicial authority to finally determine proprietary disputes.
A house on a piece of land where the occupant is facing eviction at the contested plots at Two Rivers Crescent Estate in Ruiru, Kiambu County on August 3,2026.
The committee also argued that Mr Kihara had been given an opportunity to respond to allegations made before Parliament and that preventing him from appearing would hamper its ability to complete its inquiry before the current parliamentary session ends in December.
Separately, the Kanyotu family is engaged in another long-running dispute involving more than 600 people who bought portions of a 500-acre property in Ruiru.
The family is seeking to reclaim the property, which it values at about Sh10 billion, arguing that its sale to Trendsetters Investment Limited and a subsequent sale to Marriott Africa International were unlawful.
Marriott says it bought the property from Trendsetters for Sh750 million in 2012, while Trendsetters says it acquired the land from Kangaita Coffee Estate for Sh700 million.
