KenGen loses its bid after a failure to get a judge to throw out a case filed by a land buying company in Naivasha over a disputed 3,000-acre parcel acquired for geothermal drilling over a decade ago leading to
Justice Mwangi Njoroge of the Environment and Land Court in Nakuru struck out the application by the State-owned power generator, saying an earlier suit brought by disgruntled members of Ng’ati Farmers’ Co-operative Society was not determined on merit.
KenGen had argued that the case by some of the farmers raised issues similar to another case, which was dismissed two years ago.
Some members of the Sacco have accused its former officials of short-changing them in selling part of the land to KenGen in 2013, arguing that the transaction was shrouded in secrecy and dishonesty because they were not consulted.
The earlier case was dismissed in 2020 over the failure to prosecute the case and KenGen argued that the farmers wanted to re-open issues that had already been determined.
“It is my view that a suit that has been dismissed for want of prosecution is not the same as a suit that has been heard and determined on its merits,” the judge said as he dismissed KenGen’s objection.
