A Generational Fight for Ancestral Land

A protracted and deeply emotive dispute over a vast 5,048-acre tract of land in Makueni County, valued at over Sh3 billion, has escalated to the Court of Appeal, pitting the descendants of a colonial-era settler against more than 2,500 families who claim the property as their ancestral home. The case, which revolves around parcel L.R. No. 1748 in Kiima Kiu, encapsulates the complex and often painful legacy of historical land injustices in Kenya, a critical issue for communities and the government in Makueni and across the country.

The appellants, members of the Mamukii Society, are challenging a High Court decision that dismissed their petition for ownership. For generations, these families have lived as squatters in makeshift homes along the railway line in Makindu and Ulu, in sight of the land they maintain was violently seized from their ancestors. In court filings, Mamukii Society chairman Joseph Mutuku Kalii testified that their grandparents were forcefully evicted between the 1920s and 1946 by Robin Woodcraft Stanley, a colonial farm manager. Their petition, ELC Petition No. 004 of 2021, filed on April 26, 2021, details allegations of brutal attacks and the seizure of vast herds of livestock, which crippled the community's economy and led to generations of poverty.

Clash of Legal and Historical Claims

The crux of the Mamukii Society's argument is that their community held the land under indigenous customary law long before the establishment of the Kenyan colony. Their lawyer, Kilonzo Wambua, argued in the High Court that these ancestral rights were never extinguished and that the subsequent title issued to Stanley & Sons Limited is therefore null and void. During a judicial site visit on March 19, 2024, the court was shown evidence of the community's historical presence, including graves, shrines, and old homestead boundaries.

Conversely, Stanley & Sons Limited, represented by Robin Allan Stanley, the grandson of the original owner, maintains that the land was acquired legally. Their defense rests on the assertion that Robin Woodcraft Stanley purchased the 5,048 acres on October 1, 1947, for a premium of Sh37,860 under the Crownlands Ordinance. The property was subsequently transferred to Stanley & Sons Limited on May 29, 1947, and a title was issued by the government of Kenya. The company argues that this title is indefeasible proof of absolute ownership and that there is no evidence the Mamukii Society or their ancestors ever occupied the land.

The High Court's Verdict and a Rival Claim

In her 53-page judgment, Justice Teresia Murigi of the Environment and Land Court dismissed the Mamukii Society's petition. The court found that the claimants had failed to provide sufficient evidence of ownership, torture, or forceful eviction. A significant factor in the dismissal was the existence of a similar claim by a rival group, the Kiamuka Society, which had filed a separate case (ELC No. 8 of 2018) for the same land. The judge deemed the matter sub judice due to these overlapping claims.

The Kiamuka Society, representing over 3,000 members from Mukaa and Kiima Kiu/Kalanzoni wards, had also petitioned the National Land Commission (NLC) over the alleged historical injustice. However, Stanley & Sons Limited successfully obtained a court order to block the NLC's investigation into the matter, prompting the Kiamuka Society to file their claim in court.

The Role of State Agencies and Broader Implications

The lawsuit filed by the Mamukii Society lists the National Land Commission, the Chief Lands Registrar, the Attorney General, and the Makueni County government as respondents. Court records show that the Makueni County government, alongside Stanley & Sons Limited, opposed a request by the Mamukii Society to submit pre-recorded electronic evidence from elderly witnesses, arguing it would prejudice their case and deny them the opportunity for cross-examination. This stance suggests the county administration's position is not aligned with the squatters' claims. The Attorney General's specific legal submissions have not been detailed in public reports.

This case unfolds against a backdrop of widespread land grievances in Makueni and the broader Ukambani region. The Makueni County government and the NLC have been actively involved in addressing numerous other historical land disputes, including those concerning the Manooni and Mulima dams and land for South Eastern Kenya University (SEKU). The resolution of this high-profile dispute in the Court of Appeal is being closely watched, as it could set a precedent for how courts balance colonial-era property titles against claims of historical dispossession, a recurring and volatile issue central to Kenya's social and economic stability. For the 2,500 families of the Mamukii Society, the appeal is their last hope to reclaim what they believe is their birthright and end their decades-long displacement.