Appellate court halts eviction of families from ex-spymaster's land
Courts
By
Nancy Gitonga
| Feb 10, 2026
More than 1,000 families who purchased land from the estate of the late intelligence chief James Kanyotu have received a major reprieve after the Court of Appeal halted their eviction pending the hearing of their appeal.
In a ruling delivered on Friday, a three-judge bench comprising Justices Gatembu Kairu, Mumbi Ngugi and Aggrey Muchelule granted orders stopping the eviction of homeowners from the 506.5-acre Kangaita Coffee Estate in Ruiru valued at over Sh10 billion.
“The application is allowed,until the appeal is heard, the first and fourth respondents(the Kangaita Coffee Estates Limited and the Chief Land Registrar), or anyone acting under them, shall not evict the applicant, third respondent, or interested parties (Richard Mutura and 634 others) from LR No. 11261/76 (IR 88741) or interfere with their peaceful occupation,” the judges ordered.
Gatembu led bench temporarily halted the settlers’ eviction after staying the execution of an Environment and Land Court ruling that had declared their purchase of the property illegal, null and void.
The Appellate court found that the families, who built more than 1,000 homes, schools and other social amenities on the disputed land, had an arguable case and would suffer irreversible harm if evicted before their appeal is heard.
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Kanyotu served as Kenya’s spy chief for 27 years, from 1965 until his retirement in 1991, heading the Directorate of Security Intelligence under former Presidents Jomo Kenyatta and Daniel arap Moi. He died in 2008, leaving behind a vast business empire that has been embroiled in succession disputes.
The dispute centres on LR No. 11261/76 (IR 88741) Ruiru, which was owned by Kangaita Coffee Estates Ltd, a company in which Kanyotu was a shareholder and director. Following his death, a succession case was filed in 2008 in Nairobi High Court, and court orders were issued in 2009, 2010 and 2013 stopping any transactions on the property.
However, in 2012, while succession proceedings were ongoing, Trendsetters Investments Ltd purchased the land for Sh700 million from directors of Kangaita Coffee Estates, including representatives of the late Kanyotu’s family.
The property was subsequently sold to Marriot Africa International Ltd for Sh750 million in 2014, which then subdivided and sold portions to more than 635 families who have since developed homes, schools, and other facilities.
The legal battle erupted after Kanyotu’s two widows, Mary Wanjiku Kanyotu and Margaret Nyakinyua Murigu, alongside his son, Willie Kihara Njoki, challenged the sale, claiming it was conducted fraudulently while court orders restricting transactions were in force.
On July 10, 2025, Nairobi’s Environment and Land Court declared the sale and subdivision of the property fraudulent, illegal, null, and void, as they were carried out in defiance of court orders.
The court ordered cancellation of all titles and eviction of all occupants including Marriot Africa International and other purchasers within 120 days.
In their appeal, the families argued they were innocent purchasers who had no knowledge of the succession proceedings or court orders.
They further contended they were condemned unheard, having not been joined as parties in the original suit despite being known occupants.
The Court of Appeal noted the urgency with which the family of Kanyotu have moved to execute the High Court decree pending the hearing of the current appeal before it.