A landmark land dispute involving 10,000 squatters and the Kenyan government will proceed to court on March 3, 2023, after an 11-year legal stalemate. The case centers on 86,380 acres of land straddling Narok and Nakuru counties, with plaintiffs alleging wrongful allocation by state agencies.
Historical Claims and Legal Battles ¶
The conflict dates back to 1993 when the Kalimbula Investment Squatters paid Sh1.9 million to claim the land, obtaining subdivision approval from Nakuru District Land Control Board. An allotment letter issued in May 2005 confirmed their rights, with annual rent payments to the National Lands Commission (NLC) beginning in 2005. However, the NLC allegedly refused to complete land allocation despite these payments.
Legal Proceedings and Judicial Transfers ¶
Filed in 2011, the case has faced repeated adjournments and judicial reassignments. High Court Judge Rachael Ng’etich, who initially handled the matter, transferred it to Judge Joel Ngugi after her relocation. The sole witness, David Samoe, was unable to complete testimony in December 2021, further delaying proceedings.
Allegations of Irregular Land Allocation ¶
The squatters accuse the NLC and Attorney General of illegally transferring the land to third parties. Their court documents state, "Despite the plaintiffs making relevant payments to the state, NLC illegally allocated the land to strangers, leaving genuine owners." They seek Sh17.9 million in compensation for 28 years of legal battles.
NLC's Denial and Mediation Claims ¶
The NLC denies any agreement to compensate the squatters, with legal officer Callen Masaka stating, "The agency is not aware and was not involved in any admission agreement." While a 2019 mediation claim suggested potential compensation, the NLC later rejected these assertions as "deliberate attempts to create misleading impressions."
Context of the Dispute ¶
The Kalimbula Investment Squatters, formed in the 1980s, grew to 10,000 members by the 1990s. Despite multiple out-of-court efforts, the NLC has consistently refused to allocate the land, citing lack of legal standing. The case remains pending as both parties prepare for its resumption in March 2023.
