Residents of Kandara constituency, Murang’a County, who had filed a case against renewal of Delmonte leasehold have agreed to settle their case out of court.
The residents filed the suit on September 2016 at Murang’a Environment and Lands court seeking to block the National Land Commission (NLC)and the county governments of Murang’a and Kiambu from renewing the leaseholds of Delmonte until the company cedes 6000 acres which they claimed was grabbed by the white settlers from their forefathers.
Through their chairperson Phillip Kamau, alias PMG, the locals claimed that the children of the forefathers who owned the land currently occupied by the fruits company live as squatters and required to be settled before renewing of the leasehold.
They also proposed that 1000 acres of land to be kept aside for construction of greenhouses, a level five hospital and a cemetery.
On Wednesday, the lawyer representing the residents, Duncan Okatch, filed an oral application in court seeking to postpone the hearing of the case in 30 days to allow the plaintiffs and the respondents to give room for an out of court settlement.
“I urge the court to give the parties involved in this case 30 days for them to engage in out of court settlement over the case as we all have agreed,” Mr Okatch told the court.
The counsels representing Delmonte, Ng’ang’a Thuo, NLC Charles Wambugu, Murang’a County Government, Josephat Kimwere and the Attorney General seconded the complainant’s arguments saying they had opted for an out of court settlement to pave way for the discussion between the aggrieved party and the defendants.
“The plaintiffs will be most favoured by the discussions and we have no objection,” said Mr Kimwere.
The Judge Grace Kemei directed that the parties report back on development of the discussions on November 12.
The company has its 18000 acres of land in Murang’a while 8000 acres are in Kiambu County.
Kiambu governor Ferdinand Waititu renewed the company’s leasehold last year while the leasehold in Murang’a is expected to expire next year.
Murang’a governor Mwangi Wa Iria has vowed not to renew the Company’s leasehold for 99 years unless the company cedes 6000 acres of land which will pave way for development of a city along the busy Thika- Kabati highway.
“We will not renew the leasehold for Delmonte until we get land which will pave way for construction of a city along Thika-Kenol highway,” the governor said.