Court orders exit of Pioneer Girls from Delmonte Kenya Limited land

A school associated with tycoon Peter Munga has until December 31 to vacate 75 acres of land owned by Delmonte Kenya Limited (DKL).

The Court of Appeal Judges, Agnes Murgor, Aggrey Muchelule and Joel Ngugi, dismissed the appeal by Pioneer International Schools in a judgment delivered on November 6 and awarded costs to the fruit processor.

The court found there was no lease agreement between the two parties, and that the fruit processors had never promised the school one. 

The appellate court also rejected Pioneer School's arguments under the Landlord and Tenant Act and the doctrine of proprietary estoppel, which the school had used to argue that its heavy spending on refurbishing the site gave it a right to stay.

“Pioneer may remain on the property until Dec. 31 so learning is not disrupted, but must keep paying the occupation charges set under the old lease. The court said these are occupation charges, not rent. The school may not sublet, assign, alter or expand the premises beyond ordinary school use. After the deadline, Del Monte can enforce the eviction without going back to court,” read part of the judgement.

The land, L.R. No. 12157/2 in Gatanga sub-county, is part of Del Monte's pineapple estate near Thika. In September 2013, Del Monte leased about 75 acres to Goshen Gardens Ltd. for eight years at KSh550,000 a month. Goshen said the leased area had been cut from 100 acres.

Munga told the Environment and Land Court that he paid KSh38 million to buy the school from Goshen after seeking assurance from Del Monte that the lease would continue, and that he kept paying rent. 

Last year, ELC Judge Justice Anne Abongo Omollo ruled that Goshen's lease had already been terminated, so the arrangement with Munga could not stand. The court allowed the school to stay until Dec. 10, 2025, before Pioneer School management lodged an appeal