Bernice Mbugua @BerniceMuhindi
National Land Commission (NLC) has asked the High Court to dismiss an application filed by agricultural firm Kakuzi PLC.
Kakuzi is seeking to stop the commission from hearing any historical injustice claims by seven groups relating to the land.
NLC, through its legal affairs and enforcement deputy director Edmond Gichuru, has said the petition by Kakuzi has no merit and is an abuse of the court process.
The commission said Kakuzi brought the petition to the court in bad faith with a view to delaying it and subverting the course of justice.
Kakuzi PLC filed the suit against NLC and the Attorney General following seven historical injustice claims filed by Kituamba Kaloleni IDPs, Gathungururu village, Gaichanjiru Self Help Group, Gachagi Makuyu and Kihinganda groups, among others, on October 15. The groups claim their ancestors had settled on the property during the pre-colonial times.
Kakuzi obtained temporary orders last week stopping NLC from hearing the claims.
The firm said NLC is relying on NLC Regulations, 2017, which were annulled by Parliament on March 28, adding that the commission does not have the jurisdiction to determine the legality and constitutionality of the provisions of the NLC Act, where it derives its powers.
In response, NLC accused Kakuzi of seeking to delay the proceedings. “NLC is mandated to initiate investigations on into present or historical land injustices and recommend redress,” said Gichuru.