The Kiambu government is seeking to stay a decision made in favour of Farmer’s Choice Limited in a Sh5.4 billion land dispute suit.
Through lawyer Peter Njagi, the county wants the Environment and Land Court to stay a decision made on May 7 that quashed a decision of the National Land Commission revoking Farmer’s Choice title deed for the 248.5 acres in Uplands, Lari constituency.
The judgment also restrained the county and NLC from interfering with the disputed property.
Judge Lucy Gacheru has directed the county to serve Farmer’s Choice with the application for the matter to be heard on October 6.
"Pending the hearing and determination of this application a temporary order of injunction be issued against the execution of the decision of the court," Njagi said.
County secretary and head of Public Service Martin Mbugua said in an affidavit that it was improper for the judge not to effectively deal with the question through the judicial review process.
In the case, Kiambu had lodged a complaint dated December 29, 2017, and March 6, 2018, with NLC under the historical Land Injustices Claims. NLC took up the matter for investigations.
Around September 26, 2018, Farmer’s Choice was invited to a hearing before NLC committee but failed to turn up.
NLC later decided that the land was public, which had been wrongly allocated to private owners and converted to private land.
Farmer’s Choice later filed an application on April 12 and the same was set down for hearing.
It was granted the disputed land.
At the same time, the court restrained the county government from interfering with the property.
Edited by R.Wamochie
