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Over 300 families are facing eviction from land they bought from a former MP after a court ruled that the politician did not own the land.
They had told court that they had bought the land from former Rongai MP William Komen, which was part of vast land the politician had inherited from his father, Kibowen Komen.
But the High Court in Nakuru dismissed the application by 305 individuals, who sought to be recognised as the lawful owners of the plots on land forming part of the estate of the former MP's father.
The families claim the plots were excised from the parcel registered as 1331/2 Menengai Farm, measuring approximately 2,600 acres within Nakuru. The ex-MP has since died.
Justice Samuel Mohochi, in his decision dated May 6, ruled that the buyers, led by Isaac Towet and Alexander Kenda, were unknown to the original owner of the land, Kibowen Komen.
According to the judge, the individuals need to pursue their interest from the late MP, whom they said sold them the land as their claim has nothing to do with the estate of Kibowen Komen.
“The late William Komen is not the deceased (Kibowen Komen) by their own admission that they only dealt with the late William Komen then it is logical to pursue their interests therefrom,” ruled Justice Mohochi.
Mr Towet, who filed his own application on May 17, 2021, claimed to have purchased 24 acres from the MP.
He sought the court’s intervention to have the land surveyed to confirm the acreage, prepare a mutation and plan for the registry index map and be issued with the land transfer documents by the estate administrators.
The 304 other applicants, led by Mr Kenda, claimed to have purchased different sizes of land from MP Komen who allegedly held equal shares with his brother Micah Komen.
They entered the land and developed it into their homes.
In their case, they sought to be recognised as the legal owners of the land. They wanted it surveyed to confirm that what they were occupying tallied with what is in the sale agreement.
They also wanted to be facilitated to register the lands in their names and process title deeds.
The court, however, ruled that the claim for the 24 acres by Mr Towet has nothing to do with the estate of Kibowen Komen who is the owner of the land.
The claim by the 304 other applicants was also dismissed as they were strangers to the estate.
The approximately 2,619 acres Menengai farm is part of the assets left by Mr Kibowen Komen who died on February 15, 1997, without writing any will. The property was acquired by Kibowen who listed Micah and William as shareholders.
Other properties forming part of the estate include residential plots and land in Njoro (1,856 acres), a 20-acre plot and a 100-acre farm in Seguton, and land, a petrol station and plots in Kabarnet.
He also owned shares at Nairobi Stock Exchange and East Africa Breweries Limited.
The properties are the subject of a legal battle between the widow, sons and grandchildren of the late Kibowen, who have been embroiled in a succession dispute spanning over two decades due to their failure to agree on how to distribute them.
Kibowen was succeeded by three wives, in order of succession: Magdalene Tapsiarkat Komen, Sote Komen, and Rachael Chepngeno Komen, and 10 children.
Upon his demise, his first widow’s son, William Kiprop Komen, filed for letters of administration which were issued to him, Mr Komen’s first and third widows and his son Mohamed Komen.
Justice Martha Koome (currently the Chief Justice) in her judgment in 2010 allocated Ms Sote Komen 150 acres of 660 acres of land in Njoro, Grace Samson Komen (Kibowen’s daughter-in-law) 450 acres and set aside 66 acres for sale to pay the debts owed to the estate.
Grace, however, had also filed an application before court on October 18, 2024 seeking to be given the 66 acres and be allowed to pay the estate debts.
The court dismissed the application and noted that the issue had been dealt with by the Court of Appeal, which had already dismissed her review application.
Furthermore, the court noted that Grace had received the larger share of the land, which could not just have fizzled into thin air.
“The applicant has not demonstrated her capacity to offset all liabilities outstanding in the estate of the deceased,” ruled Justice Mohochi.
