'Voluntarily surrendered': State defends move to acquire 10,000 acres from Delamere estate

The government, through the Ministry of Lands and Physical Planning, has defended its decision to take possession of a 10,000-acre parcel of land in Naivasha, Nakuru County, which forms part of the Delamere Estate.

Documents submitted by Principal Secretary Nixon Korir before Judge Millicent Odeny state that Lord Hugh Delamere Cholmondeley intended to surrender the 10,000 acres to the state in 2017.

“The land was to be surrendered for the purposes of resettling squatters and providing public utilities,” the document reads.

Korir explained that Lord Hugh surrendered the land to the government, after which the title was changed from LR 9362/7 to LR 9363/4.

“I note that no progress was made in effecting the land surrender and would like this matter to be expedited,” the document adds.

The meeting will also involve the management of Soysambu Conservancy, which currently manages a wildlife conservancy on part of the property.

The government’s defence follows a land court order temporarily halting its alleged plan to interfere with the current possession of the land.

On May 20, Judge Odeny observed that the land forms part of the 42,000-acre Delamere Estate.

“The defendant (the ministry) or its agents are restrained from entering the aforementioned land until the case regarding its ownership is heard and determined,” ruled Judge Odeny.

The ruling followed an application filed by Jonathan Stewart Coulson, a trustee of the estate, through his lawyer Victor Wekhomba.

Coulson sued the Cabinet Secretary and PS Lands, the National Land Commission, and the Attorney General.

He claims ownership of a total of 42,516 acres of the Delamere Estate in Gilgil and Naivasha sub-counties. “I am the trustee of Vale Royal Trust and the registered proprietor of land parcel LR No 9362/7, which is currently at risk of being unlawfully acquired by the government,” Coulson stated, adding; “The pattern of events suggests an illegal and fraudulent attempt to forcibly acquire the land,” Coulson said.

He also reported that strangers have invaded the land claiming ownership, while others who claimed ownership through adverse possession have lost their cases in court.

According to Coulson, the Delamere family has held possession of the land since 1 March 1960 under a leasehold of 945 years.