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| From left: Ngengi Muigai, Uhuru Kenyatta, Jane Kenyatta and Margaret Kenyatta after a memorial service for the founding President Jomo Kenyatta on August 23, 1985. |
IN BRIEF:
- The case of Muiri Coffee Estates is a complex and controversial one that has raised a number of important issues related to land ownership, the legal system, and the role of banks in the Kenyan economy.
- It remains to be seen how the matter will be resolved, but one thing is clear: the case has shone a spotlight on some of the key challenges facing Kenya today and has highlighted the need for greater transparency, accountability, and fairness in the country's institutions and systems.
Muiri Coffee Estates Ltd, a company owned by two brothers from the larger Kenyatta family, has been in possession of a 443-acre plot of land in Thika for over 30 years. However, in 2007, KCB Bank placed an auction advertisement seeking to offload the plot that had been registered to Muiri Coffee Estates.
The bank claimed that the brothers had defaulted on a loan that they had taken out, and as such, the bank was entitled to auction off the property to recoup the outstanding debt.
The brothers, however, disputed the bank's claims and argued that the land was illegally auctioned off to a real estate firm.
As a result, they filed 18 cases at the High Court, Court of Appeal and Supreme Court seeking to block or reverse KCB's auction of the land. Despite all of these cases being dismissed, Muiri Coffee Estates is still in possession of the property.
The situation has caused a great deal of controversy, with many people questioning why the brothers have been allowed to keep the land even though they have failed to pay back the loan they took out from KCB Bank.
The case has also raised questions about the effectiveness of Kenya's legal system and the ability of the courts to enforce their decisions.
At the heart of the matter is whether the eviction order against Muiri Coffee Estates issued by retired judge Jonathan Havelock in 2014 has been effectively enforced.
Judge Havelock had ordered the brothers to vacate the property and hand it over to KCB Bank, but it appears that the eviction order has not been carried out. This has led to accusations that the brothers have been using their connections and influence to avoid being forced to give up the property.
The case has also drawn attention to the issue of land ownership in Kenya. Land ownership has long been a contentious issue in Kenya, with many people claiming that the distribution of land is unfair and that powerful individuals and groups have been able to acquire large tracts of land at the expense of the poor and marginalized.
The case of Muiri Coffee Estates is seen by many as a prime example of this kind of land grabbing.
There have been calls for the government to intervene and resolve the matter once and for all. Some people believe that the government should step in and take control of the property, while others argue that the courts should be given more power to enforce their decisions.
The situation has also raised concerns about the role of banks in the Kenyan economy. Many people believe that the case of Muiri Coffee Estates is just one example of the kind of reckless lending practices that have become all too common in Kenya.
They argue that banks should be more cautious when lending money and that they should be held accountable when their lending practices lead to defaults and foreclosures.