Kiambu High Court has ordered an immediate halt to all activities on a disputed 58-acre parcel of land in Githunguri, directing a contractor to demolish a perimeter wall and vacate the site pending the determination of a petition.
In a ruling issued on Thursday by Justice Bahati Mwamuye, the court also granted conservatory orders barring any excavation, development, alienation, or interference with the land, which includes sites linked to Kikuyu heritage such as Mau Mau graves, historic monuments, and cultural landmarks.
The judge further directed that the status quo be restored and that all machinery, equipment, and fencing be removed from the site without delay.
“The respondents, together with their agents, servants, and/or associated persons to immediately remove all machinery, equipment, and remove all fencing from the aforementioned sites immediately and to immediately restore the status quo ante as it obtained immediately before the impugned actions pending the full hearing and determination of the Petition herein,” the order read.
Justice Mwamuye emphasized that the directive applies to all respondents, whether acting directly or through agents or any multi-agency framework.
“THAT a conservatory order be and hereby issued directed at the Respondents, jointly and severally, and whether by themselves or through their agents, servants, employees, or any person acting under their authority… from excavating, developing, alienating, or in any manner interfering with or further excavating, developing, alienating,” the ruling stated.
The court specifically protected the disputed property identified as Githunguri Kiawairera (LR. No. Githunguru/Githunguri/Township 801, 26, and 27), which includes protected cultural and historical sites listed under Gazette Notices 244 and 245 of 2011.
These include the Thingira wa Iregi, Historic Gallows, Mau Mau graves, and the Mau Mau Veterans Stadium, all of which remain safeguarded pending the full hearing and determination of the petition.
The respondents have also been barred from taking any action that could alter or damage the character of the site or render the petition ineffective.
The court stressed that no further interference with the land will be allowed until the case is fully heard and determined.
The dispute has also drawn local tensions, with elders previously blocked by police from accessing the land to perform traditional rituals.
They later conducted the rites by the roadside, including breaking a calabash in a symbolic act they described as a curse against individuals and authorities they accuse of undermining Kikuyu heritage.