Makuyu Golf Club trustees have rushed to court seeking orders to compel agribusiness company Kakuzi PLC to control its cows from invading the club’s greens and fairways.
The trustees of the premium golf club situated in Murang’a County are accusing the company of leaving its livestock to destroy its lush course making it difficult to play on.
In its suit filed at the Environment and Land Court, they want Kakuzi’s 10 directors jailed for allowing the cattle invasion of the golf course in violation of a September 2019 court order.
The club’s trustees led by Irungu Ndirangu, SK Kirubi and Joel Wanyoike are demanding the detention of Kakuzi MD Chris Flowers and 10 other directors jailed for contempt of court.
“I pray that the Honourable Court proceeds to commit messers Christopher John Flowers, Pamella Alfred Awuor Oburu, John Kubunga Kimani, Andrew Ndegwa Njoroge, Ketan Rameshchandra Shah, Graham Harold Mclean, Daniel Mutisya Ndonye, Nicholas Nganga, John Nganga, John Gwaro Maonga and Stephen Njoroge Waruhiu to civil jail or otherwise as this Honourable Court may deem fit,” states the application from golf club trustees.
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The latest case is just an escalation of the sour relations and battles in the corridors of justice between Makuyu Golf Club and Kakuzi which has been protracted since 2002.
The trustees further accuse the agribusiness company of interfering with their ownership of the 70-acre piece of land despite the court affirming their ownership in September 2019.
The club further argues that the order barring the trespass has not been set aside even as the Kakuzi directors obtained an order stopping the decision as they prepare to appeal.
“I am further advised by my advocate, which advise I verily believe to be true, that such contempt is punishable by a fine or imprisonment,” says Joel Wanyoike in his filed affidavit.
In his 2019 judgment, Justice Oscar Angote ruled that Makuyu Golf Club acquired the land in contention by adverse possession for use as a golf course.
When he won the case in 2019, Wanyoike said Kakuzi had claimed ownership on the land that he says was left to them in 1934 by white settlers who lived in Makuyu and donated parts of their land to for the construction of the golf course.
On its part, Kakuzi is challenging the case arguing that Makuyu Golf Club has been utilizing the contested parcel for its sporting activities with the approval and knowledge of the firm.