Land dispute: Blow to Gethi family as court allows more evidence

By Newsflash Reporter

The family of former police commissioner Ben Gethi has been dealt a blow in a case involving a multi-million-shilling land dispute between the family and two former workers of Fabian Warrey Harris, a colonial-era farmer.

In the ongoing case, filed at the Nyahururu Environment and Land Court, political activist David Kimengere, acting on behalf of the plaintiff, has been allowed by the court to add more evidence, having been in exile for three years – from 2018 to 2021.

Kimengere filed the case in 2018 together with Mr David Gitonga, Mr Ngotho Ndurere and Mr Muthami Ndurere against Ms Angela Wairimu Gethi (Gethi’s widow) and her son, Mr Peter Nderitu Gethi. The plaintiffs claim that the land in question was gifted to their late fathers by the colonial settler Fabian Warrey Harris, who owned vast tracts in the region during the colonial era.

Gitonga, Ngotho and Muthami are sons to Mr Ndurere Muhunyu and Ithinyai M’narangui – both of whom are now deceased – and who are said to have received the land as a reward for their dedicated service to Warrey Harris. The contested property is a 300-acre expansive ranch located in Murichu, Ndaragwa Constituency, Nyandarua County.

Wairimu and Nderitu claim ownership of the ranch through their company, Murua Limited, and have disputed the plaintiffs’ allegations, asserting legal acquisition and long-term possession of the land. The Gethi family maintains that their rights to the land are well-documented and legitimate.

Court allows new evidence as case intensifies

In his submission to the court on Tuesday, 29 April 2025, at the Nyahururu Law Courts before Lady Justice Lucy Mbugua, Kimengere pleaded to be allowed to introduce new evidence, citing his prolonged absence from the country.

“Your honour, I have been in exile for three years, thus unable to follow the case proceedings. With this regard, I plead with the court to allow me present more evidence,” submitted Kimengere.

Following the submission, Lady Justice Lucy Mbugua granted the request and directed that both sides serve each other with any additional evidence or documentation by 13 May 2025. The court scheduled the case to resume on 3 July 2025 for further hearing.

Speaking to Newsflash after the proceedings, Kimengere expressed determination to ensure justice for victims of historical land injustices.

Pictorial: Kimengere with former (the late) president Mwai Kibaki and ICC Chief Prosecutor Karim Khan. Photo/File

“Land injustice has become so prevalent in this country. The lowly never get access to justice as the moneyed people use power to influence court decisions to favour them,” said Kimengere.

The activist, who is also the leader of Kuungana Kujenga Kenya – Sauti ya Mnyonge (KKK) party, stated that land reform and justice remain core elements of his political agenda. He believes that only sustained pressure, both locally and internationally, will address the deeply entrenched issue of land injustice.

Kimengere added that he intends to use his international networks to push for accountability among influential individuals involved in land grabbing and fraud.

“I have met with high-profile officials, including Karim Khan, the Prosecutor of the International Criminal Court (ICC). I want the court to start investigating land injustices in Kenya and place sanctions on any senior government official who will be found to have either grabbed public land or defrauded poor peasants off their land illegally,” said Kimengere.

He further revealed that he is preparing to petition the ICC to establish a special division specifically tasked with investigating and prosecuting land-related injustices globally.

“Kenyans are waiting with bated breath to see the results of my deliberations with Khan,” he said.

Land justice, he reiterated, is not only a matter of national concern but a critical human rights issue that must be addressed urgently and decisively. His party, KKK, is pushing for institutional reforms, legal amendments, and stronger protections for vulnerable landowners across Kenya.