The Catholic Archdiocese of Nyeri has claimed major victory in a protracted legal tussle with a clan of Mau Mau descendants over thousands of acres of land in Mathari and Hill Farm, Nyeri.
The thrust of the decades-long historical dispute between the Mbari ya Murathimi clan who are, descendants of Mau Mau is that their ancestors were forcefully displaced and disposed of their property during the colonial emergency era between 1952 and 1960.
Thereafter, they claimed, large tracts of land were registered under the Consolata and Catholic Missionaries.
But throughout the dispute the church has maintained that the parcels, spanning some 2,500 acres, were legally acquired and registered by early missionaries- such as Bishop Fillipo Perlo between 1903 and 1915- long before the emergency period and therefore did not constitute ancestral or communal trust land.
A statement by the Diocesan legal officer Fr David Mutahi carried by Radio Maria Thursday said the Environment and Land Court had ruled in favour of the Registered Trustees of the Catholic Archdiocese of Nyeri in the dispute filed as case number ELC Petition No. 205 of 2014.
According the officer, the court affirmed the legal and historical basis of the church’s ownership of the land. The following is the full statement by Fr Mutahi:
OFFICIAL STATEMENT ON THE MATHARI LAND CASE
The Environment and Land Court has ruled in favour of the Registered Trustees of the Catholic Archdiocese of Nyeri in the long-running dispute concerning the Mathari land, under Environment and Land Court (ELC) Petition No. 205 of 2014.
In its determination, the Court affirmed the legal and historical basis of the Church’s ownership of the land and made the following key findings:
1. Legitimate Ownership
The Court confirmed the Registered Trustees of the Catholic Archdiocese of Nyeri as the legitimate registered owners of the titles relating to the parcels of land in question.
2. Legitimacy of the Titles
The Court affirmed that the process through which the Church acquired and held the titles was legitimate, thereby upholding the legal basis of the Church’s ownership.
3. Historical Status of the Land
The Court determined that the land in question was not Trust Land and, therefore, was not ancestral land as had been claimed. Rather, it was historically classified as Crown Land and consequently Government Land before its subsequent allocation and registration.
4. Longstanding Presence of the Church
The Court recognised the Church’s longstanding presence at Mathari, noting that it had been in possession and occupation of the land from as early as 1903, with titles held from 1915.
The judgment in ELC Petition No. 205 of 2014 provides important legal clarity regarding the ownership and historical status of the Mathari land.
The Archdiocese of Nyeri receives the Court’s determination with gratitude and remains committed to the responsible stewardship of its properties and institutions in furtherance of its pastoral, healthcare, educational, social and charitable mission for the good of the people it serves.
We thank all those who have accompanied the Archdiocese of Nyeri throughout this matter and continue to pray for peace, justice and harmonious coexistence within our communities.
Rev. Fr. David Mutahi (LLB)
ADN Legal Officer
God bless
ADN Communications Office
