- Ndeiya land was given to landless people by the then Kiambu County Council 1980’s by the KANU government each allocated 5 acres though balloting system.
- The surveyor who subdivided the land Suleiman Harunani completed the work and was not paid. In that regard he withheld the scheme plans hence did not submit them to survey of Kenya for authentication and publishing.
- Inspite of the maps being held, allotees were issued with title deeds.
- Various projects have taken place in the land.
· Kenya pipeline - 1991
· Ketraco - 2014
· SGR - 2017
· KEKRA Road - 2018 and still going on
- Kenya pipeline project commenced in 1991 and they recognized land owner and signed agreements for right of way leave for the oil pipeline. Compensation for early entry was paid to some land owners.
- Ketraco commenced in 2014. The Company also recognized land owners. They listed all land owners affected and issued offer letter and consequently, compensated those available for loss of land.
- Kerra road tarmacking Isinya-Ngong-Suswa road contract RWC 538. The road project has encroached on some parcels of land following realignment of SGR and pipeline. When questioned kerra tells land owners that KR will compensate.
- SGR project commenced in 2017. It’s the project that made most land owners know that the Ndeiya scheme maps were not submitted in1989 by the surveyor who subdivided the land.
- When KR commenced the SGR project they informed land owners who sought compensation for the land that their land totaling 146.8878 was gazetted as “Kiambu Western grazing area via gazette notice number 12526 dated 22nd December 2017.
- Land owners formed a committee to follow this issue of compensation. The committee visited several offices of interest writing letters to those concerned to try and resolve the compensation issue since 2017.
a. Kiambu county offices (County Secretary, Governor and Senator) 02.08.2018).
b. NLC chairman and Chief executive (26.09.2018 / 2019).
c. Kenya Railways – MD 24.12.2018
d. Cabinet Secretary – Interior & Coordination – 07.02.2019.
e. Commission on administrative Justice – 28.02.2019.
f. Cabinet Secretary lands – (Alice Wahome) most recent.
- After visiting and writing letters to all the above offices there was no resolution to the compensation issue.
- The committee decided to pursue the matter in a Court of Law.
- We filed a petition in 2019. The matter was concluded in 2021 the Court issuing the following orders (also attached for details).
- An order quashing the reference of Kenya gazette notice 12526 of 12.12.2017 in Kenya Gazette VOLCXIX no. 19 to the 1468878 hectares of land as Kiambu Western grazing area.
- Order compelling NLC to issue new gazette notice of the acquisition of the land indicate the individual owners of the parcels of land erroneously referred to collectively as Kiambu Western grazing area. The Gazette notice to be issued within 30 days.
- Order compelling Kiambu County government to within 7 days of judgement release Ndeiya subdivision per Nachu/Mikuyuini, Nachu/Ndacha, Nguirubi/Thigio & Nguirubi / Ndiuni to survey of Kenya for updating at the national land maps.
- Order compelling NLC to make prompt full fair and immediate compensation of all person affected by SGR phase 2A.
- Judgement of the above orders was made on 08th October 2021 and a decree issued on 31st March 2022.
- After the judgement we followed the matter with Kiambu County government & NLC by writing letter to NLC and Kiambu County Government.
NLC did not comply with any of the orders issued in the judgement prompting the committee to file a contempt of court application on 1st July 2022 and an amended application dated 5th November 2023 citing the NLC Chairman and NLC CEO, County Secretary, Public Service and County Executive Member lands Kiambu county government as individuals culpable to the contempt of court matter.
Even after the orders were issued by the Court in 2021, Kiambu County government NLC and Ministry of Land has continued to further subdivide, the said land issued allotment letters and new title deeds. This is a proof that NLC has enough time and resources to comply with the orders.
After application of contempt of court, NLC commenced a meeting at the county Commissioner office chaired by Hezron Alela (PA to NLC Chairman) the agenda being to expedite on compensation of Ndeiya land owners affected by SGR phase 2A. The resolution of their meeting has to conclude compensation by 23.01.2024 on thereabout to date nothing has happened (attached are the meeting resolution).
OUR PRAYERS TO SENATE COMMITTEE
- NLC to give a valid reason why they did not obey the court orders.
- Compel NLC to expedite the compensation of Ndeiya land owners affected by SGR without further excuses.
- Compensation to Ndeiya Land owners for trespass of their land since 2017 the payment to be made using current market value plus land rent and interest.
- NLC and county government of Kiambu to finalize on all township plans within the entire scheme (Nachu/Mukuyuini town plots have been transversed by the SGR).
- All other pending land issues such as Kerra road, pipeline, Ketraco compensation to some land owners to be concluded.
