Win for Kikuyu Elders as court halts Ruto project on Githunguri shrine

President William Ruto's administration has suffered a setback after a High Court issued orders halting the planned construction of a multi-million shilling affordable housing project on a 58-acre historical shrine in Githunguri, Kiambu County, a site deeply venerated by the Agikuyu community as a cradle of Kenya's independence struggle.

Justice Ann Mogeni of the Environment and Land Court has issued the conservatory orders effectively freezing all activity on the land pending the full hearing and determination of a constitutional petition lodged by the Agikuyu Council of Elders and other petitioners.

In clear and unambiguous language, Justice Mogeni ordered a full status quo freeze on the contested property.

"Pending the hearing and determination of the petition this court do here issue a conservatory order directing that the status quo obtaining immediately before February 21, 2026 be maintained, and in particular that all fencing, preparatory works, construction activities, installations, occupation, excavation or any other development connected with the intended affordable housing project on the suit land do forthwith cease," the Judge ordered.

The court further directed that the suit property shall not be alienated in any way either by way of transfer, charge, sell or construction and additionally granted orders directing the Officer Commanding Githunguri Police Station to supervise and ensure strict compliance with the court's orders.

The case was filed by four petitioners, namely Reuben Gichungu Kungu, James Nene, Kimani Charagu suing as an official of the Maina and Mwangi Trust and Peter Mudinia seeking urgent orders halting the ongoing construction of affordable housing at the famous spiritual inheritance at Githunguri  Kia Wairera by the government over lack of public participation from the Agikuyu elders.

 In the case the petitioners have sued eight respondents including the Cabinet Secretary for Lands, the Principal Secretary for Housing, the Cabinet Secretary for Gender, Culture, the Arts and Heritage, the National Museums of Kenya, the County Government of Kiambu, and the Attorney General over alleged illegal take over of the heritage site.

At the heart of the petition is a charge that the government proceeded to fence off and commence preparatory works on the land without public participation, notice, consultation or lawful heritage protection processes in direct violation of Articles 10, 11, 19, 35, 40, 44, 62, and 69 of the Constitution of Kenya, 2010.

Court documents paint a vivid picture of the land's extraordinary historical significance.

The 58-acre parcel, officially referenced as Githunguri/Githunguri/T.801, was purchased in the early 1930s by Agikuyu age groups known as marika to establish an indigenous African institution of higher learning in defiance of colonial and missionary educational restrictions.

The institution, which opened around 1937-1938, counted among its founders and associates Mbiu Koinange as first principal, and Jomo Kenyatta as a key figure who assisted in its establishment, along with independence luminary James Gichuru.

A matron named Rebecca Njeri oversaw the Kiriri girls' dormitory, championing the advancement of the African girl child during a period of profound colonial oppression.

The school was forcibly shut down in 1952 during the colonial State of Emergency, and the site was subsequently converted into detention facilities, cells, and gallows, where Mau Mau freedom fighters were hanged and tortured.

The petition describes the land as a memorial space of pain, resistance, sacrifice and the struggle for freedom.

Among the site's remarkable features are two Murure trees said to have been planted in 1948 by Kwame Nkrumah and Kabaka Mutesa II, two large pine trees planted by Bishop Makarios of Cyprus, and a large Mutarakwa tree beneath which historic gatherings were held.

Critically, under Gazette Notice No. 244 of January 14, 2011, the Githunguri Gallows was declared a protected area, while the Kiriri Girls' Dormitory, Jomo Kenyatta's College Residence, and Mbiu Koinange's College Residence were declared national monuments, gazette notices that, according to the petitioners, have never been lawfully revoked.

The court directed that the petitioners serve all respondents within 14 days, with government agencies and the CS of Lands granted a further 14 days to file their responses.

The matter will be mentioned for further directions on July 6, 2026.