The High Court has allowed the National Lands Commission (NLC) to implement a report on historical injustices meted on the members of the Kandara Residents Association by the Del Monte fruit-processing firm.
The court sitting in Murang’a, however, refused to stop the firm from renewing the lease.
The association had gone to court seeking to have NLC, Murang’a and Kiambu county governments and the Attorney-General stopped from allowing renewing Del Monte leases for nine blocks of land.
Justice Grace Kemei threw out the petition on grounds the matter had been overtaken by events as the NLC had already published a Gazette Notice regarding the association’s claim.
“Section 13 and 15 of the NLC Act gives the NLC power to investigate historical injustice and make recommendations,” the judge ruled.
In the notice, the NLC said 70 per of any excess land ceded by Del Monte should be given to members of the community and 30 percent to the respective county governments.
Kandara Residents Association chairman PMG Kamau welcomed the ruling, saying: “This is a win-win situation for the Association and Del Monte.”