Agricultural firm Kakuzi has lost an application seeking to block the implementation of a gazette notice directing it to cede more than 3,200 acres of its land for the settlement of alleged squatters.
The Environment and Land court dismissed the application seeking to halt the implementation of the gazette notice published in November last year, pending the determination of an appeal it has filed.
In a ruling on July 6, the court said that the Nairobi Securities Exchange-listed firm has not offered any security or stated how it will compensate the residents in case the intended appeal is dismissed.
“There is no commitment from the Applicant (Kakuzi) that it will expedite the appeal and the said appeal is in good faith and not meant to delay the Respondents in the enjoyment of the fruits of their success. Yet this providing of security is a key plank in the application of this nature,” said the court.
Kakuzi had argued that it was dissatisfied with the dismissal of its case in April. The company said it was apprehensive that the directive might be implemented and the members of several groups eyeing the land will enter the land, build houses, and sub-divide the land.
The company said if not stopped, it would take considerable time and effort to reverse the consequences of the implementation of the recommendations.
“It is my finding that the Applicant has satisfied only one of the three conditions necessary for the grant of the order of stay of execution yet all the three conditions must be satisfied together if the Applicant’s application is to succeed,” said the court.
In a ruling in April, the court dismissed the company's bid to quash a decision by the National Land Commission (NLC) directing it to cede the land for settlement schemes and an additional 50 acres to the Murang'a county government for public amenities.
In the intended appeal, the company is arguing that the court made a mistake by failing to consider arguable issues arising under various articles of the constitution as raised by Kakuzi while seeking to quash the recommendations.
“The learned judge erred in failing to consider arguable issues pertaining to the Appellant’s right to property under article 40(1) of the constitution, particularly as the 1st respondent (NLC) had in Mbaris NLC Claims made a determination that private land owners could only surrender land voluntarily or through compulsory acquisition,” the company said.
Kakuzi ltd further argues that the ELC court erred in making a final definitive and conclusive finding that the NLC had the powers to order the surrender of 3,200 acres.
The residents opposed the application arguing that the allegations of invasion, destruction, banana planting and interference with the suit property have not been supported by sufficient evidence linking them to the alleged acts.
In the April decision, the ELC court had found that the NLC acted within its mandate when it ordered the regularisation of settlement schemes, documentation of public utilities and the surrender of 50 acres to the Murang'a County Government.
The court held that the commission had conducted extensive investigations before reaching its decision.
According to the court, the NLC visited the land, heard the parties, received evidence and submissions, and carried out further inquiries involving relevant government agencies and individuals.
The judge found no evidence that the commission acted in bad faith or was biased against Kakuzi, saying its recommendations were well considered.
The dispute stems from a Kenya Gazette notice published on November 14, 2025, containing recommendations arising from historical land injustice claims lodged against the company by several groups between 2017 and 2021.
The claimants include Kakuzi Division Development Association, Kituamba Kaloleni IDPs, Milimani Community and Hannah Njoki Mwangi.
The NLC directed the Director of Land Adjudication and Settlement, in consultation with Kakuzi and other government agencies, to regularise settlement schemes on the company's land by facilitating the issuance of title deeds and completing pending settlement processes.
It also ordered Kakuzi to relocate schools and other public facilities facing access challenges closer to residents or, alternatively, provide proper access roads in consultation with affected communities and relevant government institutions.
