Kenya Pipeline, KPA ordered to pay two families Sh8bn for Eldoret land

What you need to know:

  • The two families named former President Daniel Moi as one of the illegal beneficiaries of the land.
  • The families filed the suit in 1988 demanding compensation for the land.

A court in Eldoret has awarded two families a record Sh8 billion after ruling that Kenya Pipeline Company and Kenya Ports Authority forcibly acquired 1,000 acres of their family land.

Justice Antony Ombwayo of the Environment and Land Division of the High Court gave the award for compulsory acquisition of the families’ land in Eldoret by the two State agencies more than 30 years ago.

Also named as respondents in the suit is the Commissioner of Lands (now the National Land Commission), the Ministry of Lands and the Director of Survey.

Justice Ombwayo ordered KPC and KPA to pay the estate of the late Thomas Kipkogei Arap Rator, represented by Mr Nathan Koech and Mr Zacharia Kosgei Sh3.7 billion for the unlawful occupation of the family’s 546-acre land.

The Judge also gave Mr Ezekiel Kiprop and Ernest Kibet, representing the estate of the late Mr William Kimngeny Arap Leting, Sh4.1 billion for illegal occupation of their 604-acre land.

In his judgement dated April 15, 2016, Justice Ombwayo also granted the two families a further Sh500 million in Mesne profits.

Mesne profits refer to the amount accrued while there was a dispute over land ownership.

MOI

Also named in the suit and compelled to pay the compensation to the estate of the two families is a Mr Nathaniel Lagat, the previous co-owner of the land, the Commissioner of Lands (now the National Land Commission), the Ministry of Lands and the Director of Survey.

The two families had in their affidavit named former President Daniel Moi and former assistant minister and Mosop MP the late Stanley Metto as some of illegal beneficiaries of the land.
The land is located on the outskirts of Eldoret town along Eldoret-Uganda highway.

The Constitution requires compensation be paid to occupants whose land has been acquired by the government.

The families filed the suit in 1988 demanding compensation for the land acquired by the government for the Inland Container Depot, currently managed by KPA.

But the defence team, led by Mr Stephen Kiambi claimed the demand of the compensation by the two families was an afterthought as the land was acquired more than 30 years ago.

Uasin Gishu County Land Registrar Mrs Dorothy Leting claimed the KPA paid Sh1.4 million through the district commissioner’s office to the land owners.