alexa Ol Jorai petitioners lose land case - Daily Nation

Ol Jorai petitioners lose land case

Thursday November 28 2019

Nakuru Law Courts

The Nakuru Law Courts. PHOTO | FILE | NATION MEDIA GROUP 

JOSEPH OPENDA
By JOSEPH OPENDA
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The Lands court has nullified over 3,000 title deeds belonging to members of Ol Jorai community in Gilgil citing they were acquired illegally.

Justice Sila Munyao ordered Thursday that the documents be removed form land survey records.

The case was filed by local politician Peter Ndungunya Ole Osono on behalf of 6,800 people.

FAKE DOCUMENTS

The judge noted that the purported process of acquisition and consequent sub division of the 8,000 acres of land by the members of Ol Jorai community was fraudulent.

Justice Munyao warned that no deals should take place using the fake title deeds.

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Mr Ole Osono had sued the Lands ministry in 2007 for fraudulently transferring the parcel of the land which they owned to Solai Royubei farm company.

He told the court that the members of the Ol Jorai community were the legal owners of the parcel after being settled by the government in 1997 and allowed to subdivide it after paying Sh10 million and issued with the title deeds.

Mr Ole Osono sought orders declaring them the legal owners of the land through adverse possession and bar the Solai Royubei farm from interfering with their occupation.

The company, however, in its counter claim laid claim to the land and produced evidences proving their purchase of the land from the ADC in 1995 at a cost of Sh 24 million.

The firm accused the plaintiffs of trespassing and fraudulently trying to grab their land.

According to the firm members of the Ol Jorai community are squatters who invaded the land in 1992 and purported to have the authority to subdivide the land.

The court heard that an attempt to evict them is what attracted the suit in court after they refused to vacate the land in 2004.

Justice Munyao, in his ruling, declared the Solai Ruyobei the genuine owners of the land after they proved beyond doubt ownership.

The court noted that Mr Ole Osono had failed to provide evidence to show that the land was given to them by the retired President Daniel Moi as well as receipts evidence of the money he paid to the for the purchase of the land.

The petitioners were ordered to pay the costs of the case.