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Njeru stock farm land issue is back in the news, not because Minister Otafiire went were again to arrest and harass the farm manager but because of another reason. Early this year, the issue got to the public sphere again after years of silence.
Minister Kahinda Otafiire early this year stormed the farm, ordering government to pack up and go off his land. The tough speaking General was following up on a notice of eviction he had served the government farm last year in November, he however lost his cool and ordered for detention of the farm manager Dr Caroline Webule saying she was trespassing on his property.
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Her pleas to have the minister engage her superiors fell on deaf ears as the tough speaking General was determined to throw her behind bars, indeed his orders were immediately adhered to and the Dr was arrested and detained at the Njeru police division.
But speaking to the media after the fracas, Otafiire made it clear that he has no plans of selling the land to government and the Manager’s arrogancy prompted him to order for her arrest and throw her coolers because he had served her with an eviction notice last year.
“Listen, I don’t want to sell that land to government. I don’t want anybody to say i grabbed government land in order to sell it to them. I clearly told them [Ministers of Agriculture] that i am not selling that land to government at all. It’s my land, i have got titles and they should get off my land simple” Otafiire furiously said.
Now following the fracas, its reported that Gen Otafiire now wants government to compensate him with Shs76billion for denying him a right to use his 100 acres on which the Njeru stock farm sits.
According to lawyers of the National Animal Resources Centre and Data Bank (NAGRIC-DB) whose lawyers contend in the January 24th letter that Mr. Lule whom Otafiire claims to the land were made on the basis of several fraudulent acts. They add that the acts included forgeries of court orders and judge’s signatures. Mr. Lule is the one whom Otafiire claim sold to him land of Njeru stock farm.
The claim by Maj Gen Kahinda Otafiire’s interest emanates from an illegal entry on the Certificate of Title on Block 294 Plot 4. It is an established fact in law that legal interests can not arise from an illegality”- the letter reads in part.
NAGRIC-DB lawyers further punch holes in Otafiire’s claim for compensation claiming the amount quoted doesn’t establish the value of the land and as per his land sale agreement, he did not pay consideration and therefore a compensation claim can not arise.
“Hon Kahinda Otafiire’s claim for $19,694,539 is baseless. He has not attached a valuation report to establish the value of the land to support his compensation claim of $19,694,539. moreover, as per his land sale agreement, he did not pay consideration and, therefore, a compensation claim cannot arise”-the letter further reads.
The NAGRC-DB letter was in response to a December 22, 2023 letter in which the Attorney General informed the entity that Gen Otafiire had put the government on notice. The AG’s letter further revealed that the Internal Affairs minister intended to sue government over NAGRC-DB’s refusal to vacate the land, which he claims to have bought on August 8, 2014.
“The Attorney General’s Chambers is in receipt of a demand notice dated December 15, 2023, from Ahamya Associates & Advocates acting on behalf of their client, Maj General Kahinda Otafiire demanding payment of $19,694,539″- the Attorney General’s letter read in part addressed to NAGRC-DB last year.
However according to the Junior minister for Agriculture in charge of Animal Husbandry Bright Rwamirama who later visited the farm after the chaos caused by Otafiire says his fellow minister acquired the land he claims fraudulently and the person who sold it to him used a fake title and the law can never allow him take over government land or even refuse to to sell it to government since it has interest in it.
The problem here is land grabbing and it started with leaders of Njeru town council. I expect the leadership to protect this resource which is the only one of it’s kind in this region. I am optimistic the wrangles will end in the government’s favor”-Rwamirama said.
He also question why Otafiire didn’t serve the eviction notice to the ministry of agriculture whose office location he knows better but opted to serve it to the farm management. The soft spoken Rwamirama also said that Kahinda Otafiire using police to cause havoc at the farm also reveals a lot about him.
“I am surprised that he (Otafiire) moved that way because I had talked to him and he said he was selling. I told him that you were selling something which is very controversial. The records I have indicate the person who sold you got a fraudulent title. The law is that even if he bought the land, government has an interest there. You don’t just come and evict. He should have gone to court himself. I have not seen this eviction notice. Why didn’t he serve it to the ministry? He is a serving minister and using police really reveals a lot about him”- Rwamirama further said.
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