JUDGMENT OF THE COURT
In April 1979, the former President Moi visited Bahati PCEA Primary and Secondary School. The headmaster at the time, Kingstone Karunga Kimani sought the assistance of the former President regarding the difficulty the school faced due to lack of land for expansion. Upon confirming that the adjacent parcel of land NAKURU/MENENGAI/2 belonged to Jimna Njuguna, the former President asked Jimna to surrender 10 acres of his land in exchange with a parcel double the size of that to be surrendered. It was left to the provincial administration to identify and allocate the alternative land to Jimna.
As it will emerge later in this judgment, following meetings convened by the provincial administration and the church that ran the school as well as letters exchanged between various parties, the alternative land was identified at Kirengero Settlement Scheme. For instance the PCEA Church Committee in which Jimna sat as a member met on 18th April, 1979 and observed, according to t…