The former Senior Chief Wambugu Mathangani
By WILLIAM MUCHIRI
Worth Noting:
- In a judgment that brought to an end the pursuit of justice for the family, Nyeri Environment and Land Court judge, James Olola said the Commissioner of Lands, as he then was, made an arbitral decision in the assessment of the land and the previous valuation did not amount to just compensation.
- “The respondent is hereby directed to award and pay to the Appellant the sum of Sh200 million as just compensation for the suit land. The respondent is hereby directed to award and pay to the Appellant the sum of Sh30 million as just compensation for the buildings and improvements made on the suit land,” read the court’s judgment on Thursday last week.
The Government through The National Land Commission (NLC) has been ordered to pay descendants of a former colonial era Chief more than Sh230 million for the compulsory acquisition of his land.
The land, measuring about 134 acres is commonly known as Wambugu Farmers Traing Centre or Wambugu Farm and lies about five kilometres from Nyeri town, along Nyeri-Karatina Highway.
The land has hosted an agriculture demonstration and research farm since 1957 when the former Chief; Wambugu Mathangani donated some 200 acres of his 3,500 acres of land to the government.
His donation was to last for a period of 50 years, up to 2006 when it was supposed to revert to his family.
In 2006, the government decided to compulsorily acquire 134 acres of the 200 acres that was originally donated by the former Senior Chief.
The government surrendered about 70 acres to the family of the late Wambugu who had 35 wives.
At the same time, the State disclosed that the family would be given Sh145.6 million for the acreage that it decided to retain.
However, the family felt shortchanged and rejected the offer. Through their representatives, who were listed as Trustees, they moved to court, challenging the compensation value.
The case has dragged in court for 13 years and was concluded last week when the government was ordered to pay Sh230 million.
In a judgment that brought to an end the pursuit of justice for the family, Nyeri Environment and Land Court judge, James Olola said the Commissioner of Lands, as he then was, made an arbitral decision in the assessment of the land and the previous valuation did not amount to just compensation.
“The respondent is hereby directed to award and pay to the Appellant the sum of Sh200 million as just compensation for the suit land. The respondent is hereby directed to award and pay to the Appellant the sum of Sh30 million as just compensation for the buildings and improvements made on the suit land,” read the court’s judgment on Thursday last week.
The appellant, Ephraim Kariuki Wambugu, filed an appeal on behalf of other family members on May 18, 2008, against the award of Sh145.6 million as compensation for the compulsory acquisition of the land.
The NLC is now the current respondent in this case, as it has the constitutional mandate to compulsorily acquire and compensate private land.
He presented to the court two valuation reports done by Terracentre Management Valuers and Wilson Valuers and Estate Agents, which valued the land at Sh427.6 million and Sh439.8 million respectively.
The National Land Commission did not file a response to the appeal.
An year ago, the same court ordered the Agriculture Ministry and NLC to surrender Title Deed of the said land after it established that it was illegally acquired by the ministry.
In a ruling issued on May 20, 2022 Justice Olola gave the ministry and the National Land Commission (NLC) 45 days to produce the title documents before court.
“For two years now, the government agencies have been involved in a legal tussle with 36 residents of Nyeri’s Gatitu area for obtaining their plot of land registered as L.R. Aguthi/Gatitu/3447 through compulsory acquisition and failing to compensate them,” the judge noted.
The family members, through their representative Ephraim Gathuma had told the court that the government began the process of compulsory acquisition in January 2007 but 13 years later, the government was yet to complete the procedure.
During that period, after a gazette notice the government changed the registration of the ownership documents to its name in 2014.
In his ruling, Justice Olola said the court would retain the ownership documents until the government paid a full compensation for the estate.
He found that the certificate of title acquired by the government was obtained contrary to the law and in violation of the rights of the original owners.
“The constitution demands that where land is so acquired, the just compensation is to be paid promptly in full to those like the plaintiff whose interest in the land have been determined,” he said.
Following the compulsory acquisition, the court heard that the government converted the estate to the Wambugu Farmers Agricultural Training Centre.
While delivering his decision, the judge, however, noted that the suit was undefended as the ministry and NLC failed to file any reply to the matter.
He found that an inquiry held on April 12, 2007 ascertained that the suit property had 35 beneficiaries who were found eligible to receive compensation.
This was after some genuine members claimed imposters were laying claim to the compensation sum.
In August 2008, the family of the former chief threatened to eject government personnel from the prime land if the money for the farm’s purchase was not paid immediately.
Led by former Nyeri mayor Wanyaga Gathaka who is a grandson of the former Chief, the family members threatened to invade the farm and sub-divide it amongst themselves.
Government officials convened a crisis meeting where they cooled down the agitated members who were told to wait for the outcome of the court case that some of their kin had filed.
Wambugu Farm houses the best regional demonstration farms for the Ministry of Agriculture, the region’s Meteorological Station and Ministry of Energy’s department of Renewable Energy.
Others who operate from the farm are the Dairy Goat Association Kenya headquarters, the Kenya Agriculture Research Institute and the Kenya Forestry Research Institute.
Recently, the government established an ultra-modern Kenya School of Agriculture.
Mathangani who died in 1959 at 94 years was then a paramount chief in charge of Mukaro location, which currently forms most of Nyeri Town constituency.
An agreement signed between the former colonial chief and the council indicated that the land would be surrendered back to the family upon the expiry of 50 years.
The agreement further stated that all the developments in the land would also be reverted to the family.
With the ruling of the matter that was pursued by lawyer Wanyiri Kihoro, also a grandson of the late chief and former Nyeri Town MP, the family is expected to share out the cash, thereby ending the protracted battle.
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