The government has been put on the spot over the acquisition of land meant for affordable housing in Meru, after a court found that a 6.9-acre parcel was grabbed by the Ministry of Lands, Housing and Urban Development.
The court found that the Lands Ministry and Affordable Housing Board exercised impunity and declared their action unconstitutional.
In November 2025, area MP Mpuru Aburi oversaw the forceful takeover of the piece of land at Kiguchwa, Tigania East, owned by Mutethia Farmers’ Cooperative Society. The society moved to court after hired individuals cut down coffee bushes and macadamia trees to pave the way for the project.
In the petition, the farmers accused the State of unconstitutionally invading, fencing off, and interfering with access and use of the land.
They argued that due process, including public participation and prompt payment of full compensation, was not done.
In defence, Housing and Urban Development Principal Secretary Charles Hinga admitted that the land belonged to the petitioner, but the site had been identified by Mr Aburi.
“The MP engaged an official of the Cooperative Society to have the land surrendered. Thereafter, the department approached the officials who agreed to surrender the suit property. The respondents undertook public participation, and the project was well received,” Mr Hinga stated. However, MP Aburi did not file any response to the petition.
In a precedent-setting judgment, Justice Oguttu Mboya of the Environment and Land Court ordered the Lands ministry to pay the cooperative Sh5 million for grabbing their land.
The judge specifically ordered the Cabinet Secretary for Lands, State Department for Housing, the Affordable Housing Board, and the Attorney General to pay the damages. Justice Mboya cleared the Meru governor and lands executive, noting that the Affordable Housing Board is a national government vehicle.
On whether the land was duly surrendered, the judge observed that PS Hinga did not provide any resolutions of the society sanctioning the surrender.
“The petitioner can only act through resolutions. To my mind, the assertions by Mr Charles Hinga are devoid of any evidentiary value,” the Judge stated.
He cited the Ministry and the board for resorting to impunity, reminding them that “the due process of the law binds all and sundry. There is no person, whether a state agency, which is bigger than the law. We must all bow to the Constitution.” He ordered the housing department to vacate the land, restore access, remove unlawful fencing and cease interference, terming the actions unconstitutional.
