Hands off Delamere land, court now tells the government

The order remains in effect pending the hearing of a case filed by the estate’s trustee Jonathan Stewart Philip Coulson.

Mr Stewart moved to court after suspecting an illegal attempt by government officials to take over the parcel of land located in Naivasha.

In a suit filed on May 19 under a certificate of urgency, Mr Stewart who serves as the trustee of the Vale Royal Trust (representing the Delamere family) raised alarm over what he called a planned unlawful acquisition of the land by state operatives and other unidentified individuals.

His concern was sparked by a letter he received on April 7 allegedly from the office of the Lands Principal Secretary.

The letter claimed that the late Lord Hugh Delamere had agreed to surrender the 10,000 acre parcel to the government for the resettlement of squatters and development of public utilities.

The letter dated March 28 was addressed to the managing director of Soysambu Conservancy, a company that manages the wildlife conservancy operations on the land.

The PS purportedly attached a second letter, allegedly authored by the late Lord Delamere in 2017, in which he supposedly committed to the land's surrender.

The letter bore the Soysambu Conservancy’s letterhead and claimed that a surrender had been concluded with parcel number LR No 9363/4 generated and mapped for transfer.

However, Mr Stewart in his court documents stated that neither the late Lord Delamere personally nor Soysambu Conservancy legally owns the land in question. Instead, he asserted, the land is registered under the Vale Royal Trust.

He further noted that there are strong indications that the Principal Secretary may have confused or misrepresented the land parcel possibly referring to LR No 9362/4 rather than the actual LR No 9362/7 which is the correct parcel.

According to the petition, the trustee is the registered owner and proprietor of the land which is known as the Delamere Estate. It was leased from the government of Kenya in 1960 for a period of 945 years.

The Delamere family took possession of the land in 1962 and has since managed it through Soysambu Conservancy which oversees wildlife conservation efforts on the estate.

Mr Stewart told the court that there have been multiple past attempts by unknown individuals allegedly operating under the protection of government officialsto invade and take possession of the property.

In one such case, a group claiming to represent the Maasai community filed a suit seeking adverse possession of the land but the case was dismissed after a court visit to the site.

Despite making numerous reports to police in Elementaita over these attempts, Stewart lamented that no arrests or prosecutions have ever taken place. He said this lack of law enforcement action has encouraged further trespass and illegal activities.

“The pattern of events is indicative of illegal and fraudulent operations aimed at forcibly acquiring the applicant's land,” stated Mr Stewart in the affidavit.

He emphasised that the government has provided no documentation indicating plans for lawful compulsory acquisition.

In the current case, Mr Stewart has named as respondents the Cabinet Secretary for Lands, the Principal Secretary, the National Land Commission (NLC) and the Attorney General. He is seeking protection of the land and a halt to any moves by the government or third parties to interfere with the estate.

Justice Odeny directed all parties to serve each other with the necessary court documents within seven days. The case is scheduled for hearing on June 10.

“A temporary injunction is hereby issued restraining the defendants/respondents from entering, subdividing, taking possession of, alienating, or interfering in any way with the applicant’s property pending hearing and determination of the suit,” ruled Justice Odeny.

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