PETITION TO PRESIDENT UHURU- UPDATE ON KANDARA RESIDENTS Vs DELMONTE LAND SETTLEMENT.

Kandara Residents Association Historical Land Injustice case against Del Monte Kenya

Limited.

Dated this 24th June,2022.

a) Background.

Kandara Residents Association is a society registered under the Societies Act Cap 108, Laws of

Kenya and it comprises a membership of more than four thousand members who live in the

environs neighboring all that land Occupied by Del Monte Kenya Limited (hereinafter referred to

as “DMKL”). In terms of geographical jurisdiction, the membership is drawn from Kiambu and

Muranga Counties where the aforesaid land equally traverses.

DMKL is a food processing Company that carries out extensive agricultural and processing

activities which together with its predecessors; has been in occupation of the subject land as far

back as the year 1895. Prior to acquisition of the land, it was owned by the local Kikuyu community

before it was forcefully alienated by the colonial Government and allocated to the white settlers.

At the said forceful alienation and acquisition, despicable atrocities were visited upon the local

community including killings, rape, forceful relocation, destruction of properties etc.

After the end of colonial rule in 1963, wanton violation of human rights against the local

community has continued unabated including by DMKL which took over possession of the land

in 1973. Unfortunately, the community has not been able to get redress for the human rights

violation for a number of reasons including high levels of poverty which was largely occasioned

by historical issues such as forceful alienation of their land. This was further compounded by the

existing legal system which apart from entrenching the abusers’ rights, continued to protect the

latter against any claims by the community on account of the abuses.

Fortunately, the advent of the Constitution of Kenya 2010 provided an avenue for addressing

historical land injustices in Kenya under Article 67 thereof which establishes the National Land

Commission and empowers the commission under sub-Article (e) to: -

“(e) initiate investigations on its own initiative or on a complaint, into present or historical

land injustices and recommend appropriate redress”

We started in 2016 by holding public participation which was passed by Muranga County

Assembly and a decision on the use of land and also for a win win situation for all parties, that is,

Del Monte Kenya Limited, Kandara Residents Association and the County Governments before

extension of the leases.

In the year 2017, Kandara Residents Association lodged a historical injustice compliant; ref

NLC/HLI/004/2017 before the National Land Commission (hereinafter referred to as “The NLC”)

Committee on historical injustices based on the issues raised herein above under article 67(2) of

the constitution of Kenya in the matter of Section 15 of National Land Commission Act in the

matter of Historical Land Injustice Reference: NLC/HLI/004/2017, Kandara Residents

Association Vs Del Monte Kenya Ltd.

The Committee conducted comprehensive public hearing of the said complaint in September, 2018

and made a determination on the 7 th day of February, 2019 which determination was subsequently

Gazetted on the 1st day of March, 2020 vide gazette Notice Number 1995.

After hearing and investigations by the NLC on 1st March 2018, 5th April 2018(Nairobi County)

and 27th September 2018(Thika- Kiambu County) in which the participants were NLC, Del Monte

Kenya Limited, Kandara Residents Association, the NLC came up with a determination which

stated the recommendations on 7 th February 2019 which were gazzetted under gazzette notice 1995

of 1st March 2019.

The NLC recommended the following:

1. A resurvey should be undertaken by the Director of Survey in conjunction with County

Governments of Muranga and Kiambu to establish if there is any variance between land

leased and land the company occupies. Any residue should be given/surrendered to the

claimants for resettlement and County Governments for public purpose in the ratio of 70:30

respectively.

2. Should it be found that there is no residue, then on expiry of the lease a suitable amount of

land should be set aside and held in trust by the County Governments for purposes of

resettlement and public utilities.

3. The respondent to surrender all public utility within the land to the relevant National and

County Government agencies whether the leases have expired or not.

That after the delay in implementation of NLC decision, we petitioned the National Assembly in

June 2019 and the National Assembly’s Land Committee made the following recommendations

on 21st November 2019 See rbe evidence enclosed on page............

1. The Director of Survey, Ministry of Lands and Physical Planning does resurvey the land

held by Delmonte Kenya Ltd in Muranga and Kiambu Counties within 90 days of tabling

this report.

2. The National Land Commission does investigate the circumstances under which LR Nos

10862, 10741, 11312 and 11146 that were said to have been surrendered to the government

by Chui Ltd were later acquired by Delmonte Kenya Ltd within 90 days of tabling this

report.

That the Ministry of Lands and Physical Planning failed to work and deliver a survey report within

the 90 days time period and on 26 th February 2020 we petitioned the National Assembly which

mandated its Select Committee on Implementation to handle the matter and carried out hearings

on 14th April 2021, 21st April 2021, 21st July, 2021, 29 th July 2021, 5th August 2021, 30th

September 2021. And 27th October 2021. See the evidence enclosed on page...........

That it is important to note that on 28th of July 2021, the National Assembly’s Select Committee

on Implementation cautioned the National Land Commission against renewal of the leases of the

land in question until the matter is conclusively discussed and addressed between the Committee

and the Ministry of Lands and Physical Planning. See the evidence enclosed on page........

That despite the caution to the NLC Muranga and Kiambu County Governments in conjunction

with the Ministry of Lands went ahead with the illegal process of renewing the lease. This is an

irregular and illegal exercise by the Ministry of Lands and Physical Planning which is a clear

overstepping the powers of the NLC. See the evidence attached on Page.......

That after the hearings from the submissions made by the Ministry of Lands and Physical Planning,

the NLC and Kandara Residents Association, the National Assembly’s Select Committee on

Implementation came up with recommendations which were first approved 21 st December 2021

and tabled on 22nd December 2021 in the National Assembly for adoption. The recommendations

stated as follows:

1. The Lease for L.R No 12158, which resulted from the amalgamation of L.R No 10741,

10862, 11146, 11312 and 2953 should be reverted to the Government of Kenya and

declared as public land and allocated to Kandara Residents Association for their settlement,

within sixty (60) days of the adoption of the report failure to which the committee shall

enforce appropriate sanctions pursuant to Standing Order 209 (3) of the National Assembly

Standing Orders.

2. In consultation with the National Land Commission, the Ministry of Lands and Physical

Planning should allocate excised land from Del Monte Kenya Limited to Kandara

Residents Association and County Governments of Muranga and Kiambu in the ration of

70:30 respectively as per the National Land Commission’s Gazette Notice 1995 of 2019,

within sixty (60) days of the adoption of the report failure to which the committee shall

enforce appropriate sanctions pursuant to Standing Order 209 (3) of the National Assembly

Standing Orders.

That these recommendations were adopted by the National Assembly on 26 th May 2022 after being

passed by the members of the National Assembly on the very same day.

Prayers

1. That we order that ongoing lease renewal process by the Ministry of Lands and Physical

Planning to be halted ass directed by Senate  and Parliamanet.

2. That the National Assembly’s recommendations be implemented and the normal legal due

process on the same be followed to ensure Kandara Residents Association be settled and

enjoy their rights within the 60 days time period directed by the National Assembly.

3. That HE the President of The Republic of Kenya intervened and issued an Executive Order calling for settlement of the above matter to the satisfication of all parties.