Squatters claim settler offered KDF land to them

Squatters occupying the disputed Leseru Teberon farm have staked their claim based on a will written by a European settler before he died.

The squatters, appearing before the National Lands Commission (NLC), said they had paid Sh24.7 million to the Ministry of Lands after being issued with a letter of allotment in 2005.
The Kenya Defence Forces (KDF) has also claimed ownership of the land, LR No. 11039, which was sub-divided to LR No. 27206/3 and LR No. 27206/4.

KDF says it has not surrendered the land to anyone. The military claims that the title deeds possessed by the squatters were fraudulently acquired.

The squatters told NLC vice- chairperson Abigael Mbagaya on Wednesday that the European settler, Alexander Douglas, of Lewa Downs Ltd, wrote the will on December 19, 1979 appointing Noel Amatasi Lijina the sole executor of his will.

SEVERAL CHEQUES

“The settler directed that the executor of his will should ensure that the property is sub-divided and each of the 350 genuine squatters get a share of the property,” the squatters said.
They claimed that, before the government acquired the land, the squatters had already purchased part of it from the settler and paid in cash to his son after Mr Douglas failed to bank several cheques issued to him.

“Noel died shortly thereafter and that is when his daughter, Miriam Kibai, took over and became a trustee and member of Leseru Teberon Farmers Society,” the squatters' brief indicated.

RECRUITS

The government, it said, compulsorily acquired part of the land for use by the Department of Defence, which was issued with two titles. The remainder, they said, was allotted to the squatters.

Records at the Ministry of Lands show that the government acquired 16,277 acres in Eldoret between 1976 and 1980 for use by the KOFC and the Recruits Training School and paid full compensation to the original land owners.

In 2002, retired President Moi ordered the Defence ministry to surrender 4,236.34 acres to squatters from two settlement schemes — Kamagut and Buheba — but part of the land was grabbed and some squatters remained on military land.

LAND RATES

A Lands registrar, Betty Atieno, issued the title for the land, which is located 20 kilometres outside Eldoret town.

Lease documents show that the group was given a 99-year lease starting January 1, 2006 after paying Sh12.75 million in premiums. Leseru Teberon was to part with Sh318,860 annually in land rates.

The group, in documents handed to NLC, however, claimed that they paid Sh13,585,000 for parcel No. 27206/3 and another Sh11,826,210 for No. 27206/4.