• Kenya Sugarcane Growers Association secretary-general Richard Ogendo said they will file an application on Monday.
• The farmers accused Crossley Holdings Limited of attempting to defraud the state-owned mill of its prime parcel.
Image: FAITH MATETE
Sugarcane farmers from Nyando sugar belt seek to be included in a case where a private firm wants to take over 11,000 acres belonging to Miwani Sugar Company.
Crossley Holdings Limited filed a suit in the Environment and Land Court, claiming the expansive parcel — LR.7545/3(i.r No.21038).
It has included the Agriculture CS as the first respondent, the Agriculture and Food Authority as the second, the Kisumu county government as the third and the Attorney General as the fourth.
But Kenya Sugarcane Growers Association secretary-general Richard Ogendo told the Star that they will file an application in court on Monday.
The farmers accused Crossley Holdings of attempting to defraud the state-owned mill of its prime land.
Ogendo said it was malicious that Miwani is being targeted at a time when it is on the verge of being leased, a process he said they have been eagerly waiting for.
“We are surprised that the same company has come back again to claim the nuclear estate of the company on cases which had been decided up to the Court of Appeal,” he said.
He said the Miwani land belongs to the community of Miwani (Kabar, Kamagaga, Sidho and Aldai) and they should have a say as they have yet to benefit after giving it to the government to build the factory.
“We want to state that this is community land and we will be going to court to put up a preliminary objection because we believe this matter had been decided," Ogendo said.
Activist Charles Attyang said Miwani should not be left behind in the ongoing leasing process, adding that they have never enjoyed the fruits of the land for the entire duration the company was in operation.
Attyang appealed to Chief Justice David Maraga to ensure the Supreme Court ruling is adhered to.
Suit papers by Crossley say the land has never been the property of Miwani Sugar Company (1989) Ltd, nor has ownership been charged in favour of the Kenya Sugar Board, Kenya Sugar Authority, Delphis Bank Limited, the government or any other respondent.
Crossley wants an order of possession enforceable against every respondent, including their agents, representatives and those purporting to work for or represent Miwani.
“We, therefore, want a permanent injunction prohibiting each and all the respondents together with their agents, officers, workers, servants and representatives from interfering with the petitioners' ownership, possession and title to the land, at the same time stopping them from selling or leasing the land,” the court documents read.
The company further wants an order of general damages for loss of income and use of land, including special damages totalling Sh6 billion for loss of income for the cultivation and production of sugar cane.
Alternatively, Crossley wants a total refund of the money they used to purchase the land, which is valued at Sh4.6 billion.
Crossley, together with eight others, was charged with offences relating to the purchase of the land in the chief magistrate's court, Kisumu. Sukhwinder Chatte, Ian Maina, Philip Odongo, Epanaito Okoyo and Crossley Holdings Limited were acquitted for lack of evidence, but the court ruled that their co-accused Adulakadir Elkindy, a former magistrate, and Moses Osewe had a case to answer.
The court said Elkindy and Osewe conspired to defraud the state firm of 9,394 acres between May 21, 2007, and January 30, 2008.
Meanwhile, the Directed of Public Prosecutions appealed against the acquittal of the five. In October 2019, the High Court in Nairobi allowed the appeal and ruled that all the accused persons be put on their defence. The accused also appealed against the High Court decision.