Families win Sh4.5bn payout for prime land

Two Eldoret families that have been in and out of court for 15 years can finally breathe a sigh of relief after a judge awarded them Sh4.5 billion compensation for loss of their prime land.

In a landmark ruling on Friday last week, Justice Anthony Ombwayo, sitting at the Eldoret Lands and Environment court, awarded the compensation to the families of Joseph arap Korir and Kiptot arap Sitienei, both deceased.

COURT

The two died 10 years ago when the dispute over 1,050 acres of land in the outskirts of Eldoret town was pending in court.

The case had been filed on behalf of the two families by Mr Pius Tott, the administrator of the land.

The disputed land, which borders the Eldoret National Polytechnic on the Eldoret-Kapsabet highway, is currently known as Langas estate.

Among the facilities on the land are Langas Police Station, Langas Primary School, a public hospital, as well as a host of private developments.

While delivering the ruling, Justice Ombwayo ordered the government to pay the money from the Consolidated Fund. The payout will include various costs of the suit.

“The two families should surrender the title deed to the government as a condition for the compensation,” the judge ordered.

He gave the government the greenlight to process title deeds to the more than 200,000 residents and public and private facilities on the land.

WORLD BANK

Earlier, the judge declined to grant a plea by the petitioner to flush out hundreds of families occupying the land. Doing so would expose the new land owners and institutions to huge losses.

“Massive investments have been carried out on the disputed land by the occupants and other public and private institutions. Evictions will have a big impact,” ruled Justice Ombwayo.

The World Bank, in partnership with the then-municipal council, was forced to halt a planned Sh2 billion slum upgrading project and other developments on the land eight years ago because of the court case.

BROKERS

Justice Ombwayo concurred with Mr Tott that he was the rightful owner of the land since he had the original title, noting that the new occupants had nothing to show to prove ownership of the plots they are occupying.

Some of the families have occupied the land for more than 40 years, having bought them through unscrupulous brokers in collaboration with officials of the defunct Eldoret Municipal Council.

Mr Tott welcomed the ruling, which he said was a big relief for the two families.

“Justice has finally been served to the two families. The court of justice has shown its independence,” said Mr Tott.