Mr Gathungu Mungai, 63, is a man in distress.

The resident of Kirima in Bahati has experienced first-hand betrayal in the struggle to own a parcel of land at the Menengai slopes.

This is after his ex-wife allegedly sold the little parcel of land that was his lifetime investment, leaving him stranded, with a risk of eviction.

Gathungu Mungai, a resident of Kirima during an interview on October 25, 2023.

Photo credit: PURITY KINUTHIA/MTAA WANGU

Now in his retirement days, Mungai, a carpenter, is holding on to a police abstract that has allowed him to continue staying on the parcel, pending investigations into the illegal transfer of his land to another person by the said woman.

Read: Lands of Deceit: The far-reaching tentacles of land grabbers in Nakuru County

It all began in 2020 when he returned home to an empty house. All his property including crucial documents were missing. His wife had left together with his three children.

As he was still finding out what had happened, he received a call from his wife who warned him against staying on the premises, as she had already sold it to another person. This, even as the land was registered under his name.

Upon making inquiries, he learnt that his wife had allegedly conspired with officials from Nakuru District Ex-freedom fighters Organization (NDEFFO), to sell the land, after accusing him of being a dead-beat father.

His efforts to follow up with the matter ended up at the Bahati Assistant County Commissioners office where it was referred to by NDEFFO.

Mr Gathungu Mungai's house on the disputed land at the Menengai slopes taken on October 25, 2023.

Photo credit: PURITY KINUTHIA/MTAA WANGU

NDEFFO secretary Charles Rongo says that the office has not handled this case and notes that people at times sell their land through other channels without involving the office.

“In some instances, I would say that people want to drag the company’s name in the mud. The said case has not been brought to my attention,” says Mr. Rong’o

Three years down the line, Mr Mungai’s issue is yet to be resolved.

In an exclusive interview, Mungai revealed that he bought the 40 by 60 plot from NDEFFO in 2010 for Sh 60,000, which he paid in cash before he was issued with the allotment letter.

He was to get the title deed a few months after the purchase, as the company claimed to be processing them.

“The officials told me that there was a pending boundary dispute with quarry land which was almost being resolved before our titles could be processed,” said Mr. Mungai.

A section of Kirima on the slopes of Menengai crater in Nakuru County where an injunction has been placed to stop any activities on the land pending a court case.

Photo credit: PURITY KINUTHIA/MTAA WANGU

Little did he know that the long delay was because there was a case pending before court, over the ownership of the land which his plot was part of.

Mtaa Wangu can now confirm that a case no ELC 111 of 2013 between Ndeffo Company and James Kamau Kinyanjui and 148 others who had illegally taken possession of the land that is part of Bahati/Kabatini Block 1/3798 and 3799, is ongoing before court.

In the case, Ndeffo company is seeking orders to nullify title deeds held by the 149 individuals, which were declared illegal by court through the judgement by Justice Martha Koome.

According to the case file, the 149 argue that the land was sold to them by a senior chief who is currently deceased.

Following the long wait on a promise from the NDEFFO Company to residents of Menengai plots on getting their legal land documents, a committee of third parties affected by the ongoing case in court was formed.

The committee’s chairperson, Daniel Mwangi reveals that after doing a follow up with the surveyor working on Mapping of the land since 1998, the surveyor said he had not completed his work since the company owed him some money.

Menengai Slopes committee Chairman Daniel Mwangi during an interview with Mtaa Wangu on October 25, 2023.

Photo credit: PURITY KINUTHIA/MTAA WANGU

As the affected parties, they decided that residents having allotment letters will be paying Sh 1,500 to facilitate the surveyors work on mapping the Menengai Slope, confirmation of beacons and getting a shareholder’s certificate.

Mwangi adds that the cases in court have brought about a lag in development in the area and individuals are also getting duped.

“Our quest is to identify members on these plots and issue them with shareholder’s certificates. Double allocation has been on the rise and the certificates will help curb that. Meanwhile, our plea to the county and national government is for them to step in and help us to get justice for our land,” says Mwangi.

Also Read: Kihika blames stalled Sh 5.6 billion drainage project on land grabbers

As the voice to 6,000 members who are living on Menengai slopes, Mwangi says," Justice delayed is justice denied. All we are seeking is titles to our land."

What stands absurd now, is that there are still land transactions going on whilst Judge Munyao Sila made a ruling on November 16, 2017 that no dealings should be done on the said property.

He issued an order of inhibition restricting the registration of any dealings in the said parcels of land, until this case is finalized.

Contrary to this, Mungai lost his parcel in 2020 while these orders had already been issued in court.

Wanjirukinuthia20@gmail.com

Read: Lands of Deceit: The day a Lands court Judge fell prey to suspected land grabbers (Part 1)

Lands of Deceit: How wife managed to sell husband's land in Kirima, Menengai slopes

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