Court stops NLC from revoking Oloololo Game Ranch title

The High Court has barred the National Land Commission from cancelling a title deed of a disputed 26, 100-hectare ranch in Maasai Mara, Narok County.

Narok Environment and Lands Court ordered that the decision by NLC, in a Kenya Gazette notice dated March 1 2019, which cancelled Oloololo Game Ranch Ltd's title or any other subsequent notice relating to the suit property, be stopped until an interparty hearing.

While making the ruling on Wednesday, Justice Muhammed Kullow also issued conservatory orders directing NLC, Ilkarekeshe Group Trust, the Attorney General and their agents to stop the implementation of the gazette notice.

URGENCY

Mr Kuya ole Kijabe, a member of the Oloololo Game Ranch, had filed a suit under certificate of urgency. In the suit, he had enjoined the Chief Land Registrar, the Lands ministry and the Director of Land Adjudication who have been ordered not to act on the gazette notice until the case is heard and determined.

The NLC notice stemmed from a claim lodged by Ilkarrekeshe Group Trust, a self-help group representing three ranches, in a two-decade court battle over the parcel of land.

According to Kenya gazette notice dated March 1, the National Land Commission ordered the section of the land to be reverted to the Siria community under Ilkerekeshe Group Trust.

 According to NLC, a group of Siria elites led by Kimintet Ward Representative Kuya ole Kijape, acquired the said parcel of land and now hold a title deed in the name of Oloololo Game Ranch.

Although the community claimed to be in possession of a title deed of the land, Oloololo termed the documents as forgeries.  

DECADES

The battle that has spanned decades involves two rival Maasai groups — Oloololo Group Ranch, later named Oloololo Game Ranch Ltd and Oloirien Group Ranch Maasai, now called Ilkarekeshe Group Trust— which have laid claim to the 26, 100-hectare parcel.

Some of the prestigious lodges and tourist camps like Kichwa Tembo, Bateleur, Little Governors, Skyship Ballooning Company and Airstrip are situated in the contested land and the order might interfere with the tourism boom.

The conflict dates back to colonial period and has simmered through presidents Jomo Kenyatta and Daniel arap Moi regimes.

While the land in dispute was taken away from the Maasai by the colonial government and later on handed back to the community, NLC says Oloololo obtained the land illegally.

For more than three decades, the Ilkarekeshe Trust allege that revenue collected from the game reserve benefits only a few individuals, who are not the rightful owners of the land.