It was a generous gift made in the 1970s. But five decades later, the gift is threatening the existence of Eastern Produce Kenya (EPK) after members of the public and those of the Kimasas Farmers’ Co-operative Society invaded its tea estate, plucked tea and erected structures on the expansive land in Nandi County while threatening to take over the land.
The company has now sought the intervention of the Court of Appeal after several unsuccessful attempts from the Environment and Land Court and even the National Land Commission (NLC), which sided with the society in 2019.
The company, in which British multinational Camellia Plc has a controlling 70 percent stake, says it has owned the expansive tea estate in Nandi East since 1955.
In the 1970s the company decided to donate 81.6 hectares (about 201 acres) of LR 9285 to the community members.
There was correspondence with the parties as well as the Ministry of Co-operatives Services and the commissioner of lands on the excision of land from the parcel identified as LR 9825.
On November 12, 1980, the society was issued with a certificate of lease of registration as a cooperative society by the Ministry of Co-operative Development.
The society later amended its by-laws to provide for the acquisition of moveable and immovable property and the same was approved by the ministry on June 6, 1991.
Before that, the company had on April 4, 1986, written to the commissioner of lands stating it had gifted the society approximately 81.6 hectares on LR 9283/2.
EPK later discovered there was a typographical error in the reference to the title, and in a letter on June 20, 1986, it sought to cancel the letter and reiterated that the society had been gifted 81.6 hectares of LR No 9825 and not LR 9283.
The letter, however, disappeared but EPK says after review the letter was altered in respect to its 550 acres.
Further, EPK says it gifted Simon Kipketer Sawe LR 9285/4 and after the excision of LR 9285/2 and L.R 9285/4, the company remained with LR 9285/3
Then the company was known as Eastern Produce and Estate Company but it changed its name to Eastern Produce Africa Ltd and transferred the land to Kibabet Estate Ltd, a sister company. Kibabet later changed to Eastern Produce Kenya Ltd.
They filed a complaint to the NLC claiming that their great grandfathers’ lived on the parcel of land and that they were gifted 550 acres by a Mr P.G Scott in 1986.
Both parties were summoned before the NLC but EPK sought more time to get the letters.
They were surprised later to learn that NLC had published in the Kenya Gazette of March 1, 2019, making various recommendations, including allowing the claim by the society, cancelling all the sub-divisions and granting the contested land to Kimasas Farmers’ Cooperative Society ltd.
The NLC further directed the chief land registrar and the Ministry of Lands to implement the decision. What followed is a series of court cases until residents invaded the expansive estate on August 4.
The Court of Appeal certified the matter as urgent.
