The National Land Commission (NLC) has told the National Assembly Public Petitions Committee that a long-running historical land injustice claim involving the disputed Kapkagaron Farm in Nandi Hills Sub-County remains active and has not yet been concluded.
The matter arises from Public Petition No. 5 of 2024 regarding the alleged illegal acquisition of parcels of land known as LR No. 5423/2 and LR No. 6053 where the petitioners claim the land formed part of ancestral land that was taken during the colonial period before passing through several private owners arguing that portions of the land were intended for settlement of squatters and the establishment of public institutions but were never transferred to the intended beneficiaries.
According to the petitioners, approximately 242 acres were earmarked for the establishment of Kapkagaron Technical Secondary School, while LR No. 6053 measuring 440 acres was intended for settlement of squatters.
The petition further alleges that LR No. 5423/2 was later transferred to Tinderet Development Trust Company through what residents describe as an irregular process, despite questions over the company’s legal existence.
In its submission before the lawmakers, the Commission confirmed that it is investigating the matter as a Historical Land Injustice claim.
“The land comprising LR. No. 5423/2 and LR. No. 6053 (Kapkagaron Farm) constituted ancestral land belonging to the forefathers of the complainants which was historically alienated during the colonial period.” Tache said.
The Commission explained that the complaint was formally received in 2018 and later admitted for investigation under Historical Land Injustice Claim No. NLC/HLI/3745/2021.
According to the NLC, the dispute involves claims that land promised to local communities and squatters was never transferred despite negotiations dating back to the 1970s and 1980s.
The Commission informed lawmakers that it had already initiated investigations and scheduled hearings before court proceedings temporarily halted the process.
Tache told the MPs that,“Following admission of the claim, the Commission commenced investigations in accordance with Section 15 of the National Land Commission Act.”
It added that the matter was set for hearing in September 2025 before a court challenge by Kakuzi PLC resulted in a temporary stay of the proceedings.
Court records cited by the Commission show that the parties later entered into a consent agreement outlining timelines for filing responses and allowing the matter to continue before the Commission.
Addressing concerns about delays, the NLC maintained that the case remains properly before it and that it intends to conclude the process once all procedural requirements are met.
The Commission stated, “The Commission’s position is that Historical Land Injustice Claim No. NLC/HLI/3745/2021 remains properly before the Commission and has not yet been concluded.”
Tache assured the lawmakers that, “The Commission will proceed with the hearing and determination of the matter in accordance with its constitutional mandate, the National Land Commission Act, and the principles of fair administrative process, upon completion of the procedural steps arising from the court proceedings.”
The Public Petitions Committee is expected to review the Commission’s submissions as it considers recommendations on the petition, which seeks justice for communities claiming historical dispossession and unresolved promises of land settlement in Nandi Hills.
