Judge gives Lands office seven days to file Banita land report

The Office of Land Adjudication and Settlement has seven days to prepare and file in court a report on the settlement of a 14,000-acre land dispute that has dragged on for over two decades.

The Environment and Lands Court in Nakuru directed Deputy Director of Land Adjudication and Settlement Michael Irungu Kagwe to prepare the report on the Banita Settlement Scheme, detailing how beneficiaries were identified and settled.

Kagwe, who appeared before the court on Friday, told Justice Anthony Ombwayo that the ministry had made efforts to address the dispute and settle the beneficiaries. He requested more time to present a comprehensive report within seven days.

He added that his office had already prepared a brief on the implementation of the Alternative Dispute Resolution (ADR) recommendations adopted by the court in 2020.

Justice Ombwayo directed Kagwe, on behalf of the Principal Secretary for Lands, to ensure the report is compiled and filed within the specified time.

The court heard that in September 2024, the Ministry of Lands convened a public baraza in Banita attended by ministry officials, Nakuru County representatives, and local political leaders to discuss the implementation of the ADR report.

Earlier, the court had summoned Lands PS Nixon Korir, who was expected to appear and present the report but failed to do so. The report in question identifies individuals meant to benefit from the Banita Settlement Scheme.

Lawyer Kipkoech Ng’etich, representing more than 600 residents who moved to court, said they were seeking a clear implementation matrix showing how the 2020 ADR report adopted as a judgment of the court had been executed.

“We want to see how many people have benefited and their names,” Ng’etich said, adding that there were reports suggesting that some top leaders had been irregularly allocated land within the scheme.

On June 12, 2025, the beneficiaries, through Ng’etich, wrote to the PS Lands, claiming that some of their clients had been omitted from the final list of beneficiaries — a move that risked unfairly reallocating their parcels to other individuals.

The lawyer further wrote to the Attorney General on August 14, 2025, lamenting the ministry’s silence and failure to implement the court order.

The long-running dispute over the Banita Settlement Scheme dates back to 2002 when the Settlement Fund Trustees purchased the land from Majani Mingi Group.

Although letters of offer were issued after surveying, numerous complaints soon emerged over the beneficiary list, stalling the issuance of title deeds for over two decades.

Letters of offer were prepared after planning and surveying of the scheme. However, complaints were lodged against the list of beneficiaries on the grounds.

In 2005, a case was filed at the High Court, and orders were issued stopping the issuance of letters of offer. The case was later resolved through the Dispute Resolution Mechanism, where 119 individuals were added to the list of beneficiaries.

In 2009, fresh letters of offer were prepared and issued to allottees after re-planning and re-surveying of the scheme. When the process of plot showing was in progress, another injunction was issued stopping all the transactions on the land. Another case was filed in 2011 by over 221 individuals. The number increased to 620.

On October 17, 2020, Environment and Lands Court Judge John Mutungi referred the case for resolution through the Alternative Dispute Resolution Mechanism. An eight-member committee, including land officials, was formed.

The ADR team, in a report dated September 11, 2020, made six recommendations. The team recommended checking on the ground whether there was any land available, as the allocation process was not completed.

The committee also recommended that the process of showing land parcels to the beneficiaries be fast-tracked and that the survey and registration of the scheme be completed to avoid further delays.

The Ministry of Lands agreed to consider waiving interests and penalties accruing on the principal amounts for the beneficiaries.

The report was adopted as an order of the court on July 28, 2021.