NLC tells MPs Kapkagaron land injustice case still active amid court delays

The National Land Commission (NLC) has told the National Assembly Public Petitions Committee that a long-running dispute over Kapkagaron Farm in Nandi Hills Sub-County, linked to alleged historical land loss and unmet settlement promises, is still active and has not reached conclusion, as investigations continue under a formal historical land injustice process.

The matter, which is before lawmakers through Public Petition No. 5 of 2024, centres on claims of illegal acquisition of land parcels LR No. 5423/2 and LR No. 6053. The petitioners argue that the land originally formed part of ancestral property taken during the colonial period and later passed through different private owners.

They further state that parts of the land were meant for public use, including settlement of squatters and construction of institutions, but were never transferred to the intended beneficiaries.

According to the petition, about 242 acres were set aside for the establishment of Kapkagaron Technical Secondary School, while LR No. 6053, measuring 440 acres, was meant to settle squatters who had no land.

The petition also raises concern that LR No. 5423/2 was later transferred to Tinderet Development Trust Company through what residents describe as an irregular process, with questions raised over the company’s legal standing.

In its submission to the committee, the NLC confirmed that it is actively handling the matter as a Historical Land Injustice claim and that the case is still ongoing.

"The land comprising LR. No. 5423/2 and LR. No. 6053 (Kapkagaron Farm) constituted ancestral land belonging to the forefathers of the complainants which was historically alienated during the colonial period." Tache said.

The Commission explained that the complaint was first received in 2018 and later formally admitted for investigation under Historical Land Injustice Claim No. NLC/HLI/3745/2021. It added that the dispute involves long-standing claims that land earlier promised for settlement and public facilities was never transferred, despite discussions and negotiations dating back to the 1970s and 1980s.

The NLC told lawmakers that investigations had already begun and hearings were scheduled, but the process was interrupted by court proceedings initiated by Kakuzi PLC, which led to a temporary halt in the case.

"Following admission of the claim, the Commission commenced investigations in accordance with Section 15 of the National Land Commission Act."

Court records cited by the Commission show that the parties later reached a consent agreement that set out timelines for filing responses and allowed the matter to proceed before the Commission once procedural issues were addressed.

Despite concerns raised about delays, the Commission maintained that the case remains active before it and has not been concluded.

"The Commission’s position is that Historical Land Injustice Claim No. NLC/HLI/3745/2021 remains properly before the Commission and has not yet been concluded."

It further assured Parliament that the process will continue once procedural steps arising from the court matter are completed.

"The Commission will proceed with the hearing and determination of the matter in accordance with its constitutional mandate, the National Land Commission Act, and the principles of fair administrative process, upon completion of the procedural steps arising from the court proceedings."

The Public Petitions Committee is now expected to examine the submissions as it deliberates on possible recommendations, with the petition seeking resolution of long-standing claims of land dispossession and unsettled settlement commitments in Nandi Hills.