By F, KNA
A storm is brewing in Makuyu and parts of Kimorori as residents accuse the Ministry of Lands of illegally altering a Part Development Plan (PDP) and imposing caveats that have left thousands unable to transact on their land.
Speaking in Makuyu in one of the disputed lands, Maragua MP Mary Wamaua demanded the immediate nullification of the contested PDP, calling it unconstitutional, opaque, and a violation of landowners’ rights.
Wamaua said the new PDP—prepared by the Cabinet Secretary without public involvement—contradicts an earlier plan developed by the defunct local authorities.
She noted that residents have paid land rates for more than 20 years, yet the Ministry has proceeded to alter development plans “in total secrecy.”
“It is unacceptable that such a critical planning process affecting thousands of residents was handled in total disregard of the law,” she said in a strongly worded statement.
Wamaua listed a series of alleged violations, including failure to publish the intention to prepare the PDP, lack of public participation, contravention of mandatory stakeholder consultation requirements, and violation of fair administrative action as guaranteed under Article 47 of the Constitution.
“The unilateral drafting of this PDP without proper publication, consultation, or transparency renders the entire process null and void,” she stated.
She emphasized that residents are not opposed to development, but due process must be respected.
Other breaches cited include: contravention of Section 7 of the Physical and Land Use Planning Act, which demands transparent preparation of PDPs with mandatory stakeholder consultations and abuse of power and administrative overreach, where the unilateral preparation of a PDP without meeting statutory publication requirements amounts to an unlawful exercise of executive authority.
Wamaua argued that these constitutional violations have created confusion and introduced illegal restrictions on the land, interfering with landowners’ right to property.
The legislator demanded that the Ministry immediately and unconditionally nullify the disputed PDP for Makuyu, restart the process legally, and lift all caveats imposed without due process.
She argued that any planning process done without transparency, stakeholder involvement, or adherence to constitutional provisions cannot stand.
“We will not allow any authority to trample on the rights of landowners. Development must be done legally and with public participation,” she said.
The dispute extends beyond Makuyu where the residents are leaving in fear of eminent eviction.
It has also affected families in Kimorori Ngemu Farm block one where thousands of acres have been placed under unexplained caveats.
Francis Gacheru, a resident of Ngemu Farm Block One, said he bought his land 53 years ago from the defunct local council authority and has a valid title deed.
However, when he recently attempted to sell part of his land to raise money for his son’s medical bills, he was shocked to learn he could not proceed.
“At the Murang’a Land Registry I was told I couldn’t sell my own land because a caveat had been imposed on it,” Gacheru said.
“I could not get a land search. One cannot even subdivide the land. We demand answers. My question to the Ministry of Lands is why put a caveat on our land?”
The affected area in Ngemu Farm covers more than 4,000 acres, leaving thousands in anguish.
James Maina Muchoki, another landowner in Kimorori-Ngemu Farm, said the caveats have paralyzed their lives for months.
“It’s been six months now and we do not see an end in sight. We want our farms opened. People cannot transact, cannot develop, cannot even borrow loans. We feel held hostage in our own land,” he said