Why court halted Ruto's PEV settlement plan on disputed 755-acre Ndonga Farm

President William Ruto’s directive to settle 2007/2008 post-election violence victims on a 755-acre parcel in Nakuru has suffered a new setback after the Environment and Land Court halted any dealings on the land.

Justice Antony Ombwayo ordered that the status quo be maintained on the 755-acre Ndonga Farm in Subukia pending ongoing negotiations between the government and the family of the late Benjamin Wamanji, the registered owner of the land.

The order arose from a consent between the Office of the Attorney General and lawyer Steve Biko, who represents ten sisters, beneficiaries of Wamanji’s estate.

“By consent, the status quo be maintained on Ndonga Farm, Subukia, measuring 755 acres. Status quo means that there will be no evictions, no burials, no cutting of trees and no entry of persons not residents on the land,” ruled the court.

Biko informed the court that they had filed an application on September 22, 2025, and served the Attorney General and lawyers for the internally displaced persons (IDPs).

The Attorney General told the court that a meeting was held between government officials, including Lands CS Alice Wahome, and the estate beneficiaries to discuss the settlement plan for the IDPs, but no agreement had been reached. The AG sought an additional 30 days to conclude the talks.

Biko confirmed that, indeed, a meeting with the CS was held on November 4. However, he said the President’s public announcement that the IDPs would be settled on the entire farm had raised concerns among his clients, who feared the government might proceed without court sanction.

He added that after the President’s statement, there had been attempts to settle more IDPs on the disputed land, jeopardising the estate’s interests.

The lawyer reminded the court that Justice Joel Ngugi—then of the High Court and now a Court of Appeal judge—had previously ordered that the original title deed be surrendered to the estate.

Biko urged the court to preserve the status quo and bar further entry of IDPs onto the property. He also asked that Nakuru Town East MP David Gikaria be restrained from accessing the land.

He said the beneficiaries, their workers, and a group of IDPs occupying about 10 acres currently reside on the farm.

While willing to proceed with negotiations, Biko argued that seven days—not the 30 sought by the State—were sufficient to finalise discussions on whether the title deed would be handed back to the estate or whether part of the land would be ceded to the government.

“We are at an advanced stage in our talks, which could lead to a consent. Seven days will be enough. If the government is intent on resolving this IDP issue, they will come forth. If not, we proceed to trial, which I really don’t see how they will survive given the nature of what we have,” he said.

The Attorney General said the State was not opposed to maintaining the status quo as negotiations continued.

The beneficiaries of Wamanji’s estate insist the farm was irregularly sold to the government. The State claims it bought the land in 2011 from Philip Kamau Njoroge, one of Wamanji’s sons, under the IDP Resettlement Programme.

However, eight daughters of the deceased, a sister-in-law and a niece contested the sale, saying Kamau lacked the authority to sell the property without their consent.

They said they only learned of the transaction through a letter dated August 8, 2011, from Rachier and Amollo Advocates, notifying them that Kamau had instructed the firm to sell Ndonga Farm and distribute the proceeds.

The sisters first filed a constitutional petition at the Environment and Land Court, arguing that their rights had been violated. The case was dismissed in May 2022, though the court granted them leave to file a civil suit within six months.

They filed the current suit on July 17, 2022, seeking the surrender of the original title deed and Kamau’s removal as administrator of the estate. The Attorney General, principal secretaries from the Ministries of Lands and Special Programmes, and Kamau were listed as respondents.

More than 250 displaced families led by Philip Kuria Njuguna were enjoined as interested parties. They asked the court to exclude Ndonga Farm from the succession proceedings, arguing that it no longer formed part of the estate.

But in January 2023, Justice Ngugi ruled that the sale was irregular and stripped Kamau of his administrative powers. He dismissed the IDPs’ plea to exclude the farm from the estate, noting that a Certificate of Confirmation of Grant had been issued in 1997.

The judge ordered the government to surrender the original title deed pending final distribution—a directive yet to be complied with.