More than 600 families invaded the 5,800-acre property in Narok South constituency and subdivided it among themselves, kicking out the former senior administrator in a move that led to a long-running court battle.
For 25 years, the three-decade-long land dispute was in various courts in Narok and Nairobi, with the Cheluget family emerging as the legal and rightful owners.
But the family was unable to access or use the highly agriculturally productive land, which borders the Mau Forest complex, amid threats of dire consequences from people who had forcibly taken possession of the property.
Senior government officials have now confirmed that the transaction for the land has progressed, with the Cheluget family being paid part of the agreed purchase sum, leading to its surrendering the original title deed.
It is a case of a win-win situation for both the Cheluget family and the families that had settled on the land for three decades but were unable to legitimately claim ownership of it. Some of the settlers had also been exploited by brokers who sold the property to them.
Mr Nixon Korir, the Principal Secretary for Lands and Physical Planning, Mr Julius Korir, the Principal Secretary for Water, Senate Majority Leader Aaron Cheruiyot, Narok Governor Patrick Ntutu, Narok South MP Kitilai Ole Ntutu and his Emurua Dikirr counterpart, David Keter, held a meeting at Kaplelach Primary School, which lies on the land, and assured the residents that the ownership tussle had been resolved.
It was a sigh of relief for the families as the government technocrats and politicians said the handover of the land title deed to the government opened the window to demarcate the land, allocate it and issue title deeds to the families who will benefit from it.
Mr Korir confirmed on Friday that the government had taken over the land after making part payment to the family of the late Cheluget, prompting them to surrender the original land title deed.
This now allows the government to subdivide the land and allocate it to the families settled on it, as directed by President William Ruto two years ago.
“I have been sent here by President William Ruto to confirm to you that we have resolved the issue relating to the Cheluget land tussle. It is part of the historical land issues being sorted by the government,” Mr Korir stated.
Mr Korir said the processing of ownership documents would start immediately so that the families involved could properly settle and conduct their business on the property. The amount with which the government bought the property has not been disclosed.
To clear the matter and reassure the residents of the deal, Mr Julius Langat, a son of the late Cheluget and one of the custodians of the property, represented the family in confirming that the title deed was now in the hands of the government.
“The Cheluget family, I can confirm to you now, has withdrawn a case in court that sought to evict the families settled on this land. The matter is settled even as we work on the final compensation by the government to our family,” Mr Langat said.
The government opened talks with the Cheluget family in 2025 to buy the property and distribute it to those who had illegally settled on it for almost 30 years.
“I am happy that the matter has been resolved and the families will now properly occupy and carry out agricultural and other business activities on their farms without fear of being evicted,” Senator Cheruiyot said.
Governor Ntutu said, “This is a historic moment for the people of Segemian and Narok County as a thorny issue has been resolved to the benefit of all parties involved.”
The matter had caused tensions in the area for several years, with the majority of the settlers fearing to construct permanent structures as a result of the dispute.
Mr Cheluget, who was allocated the land in 1974 and had authentic ownership documents, died on June 26, 2017, at Aga Khan Hospital, Kisumu, after a short illness and was buried at his home in Litein, Bureti constituency, Kericho County.
The highly agriculturally productive land has been the subject of court cases since 1999, when the families invaded it, stole and vandalised property, and drove away animals after chasing workers away.
The family won all the cases in the lower court, High Court and Court of Appeal after demonstrating that it was legally allocated the land and issued with ownership documents, including a title deed.
But even after losing the cases, the families refused to leave, and attempts to evict them were unsuccessful as the Cheluget family did not get the security required from the police to execute court orders.
On June 11, 2024, Justice Mbogo Gitonga of the Environment and Lands Court dismissed a case filed by Charles Kones on behalf of the occupants, saying they had no legal claim to the property.
It followed a case filed on July 31, 2018, by the occupants relating to LR No. Narok/Cis-Mara/Ilmotiok/54, registered by the government between 1974 and 1980 as the property of Mr Isaiah Kiplangat Cheluget.
The litigants sought to have the allocation and land title deed issued to Mr Cheluget cancelled, and that they be allowed to enter the suit property, demarcate and survey it, with fresh ownership documents issued to them.
Mr Johnstone Kipkoech Langat, Julius Kipkirui Langat and Laurence Kimutai Langat — as personal representatives of Isaiah Kiplangat Cheluget (deceased) — the Registrar of Titles, Narok County, the County Surveyor, Narok County, and the Attorney General were cited as respondents in the case.
An attempt to get a permanent injunction barring the actual owner from occupying the property was also rejected by the courts.
While the litigants claimed to have occupied the land before 1970, the courts found that the demarcation and adjudication process was actually carried out in 1974.
The Chelugets stated that the plaintiffs had no legal claim to the land and “misled the court to justify their illegal occupation of the property where they are trespassers in a breach of the deceased’s estate’s right to property under Article 40 (1) of the Constitution.”
The Purko clan of the Maasai community gave the land to the former administrator through Senior Chief Ole Sandale before Ilmotiok was declared an adjudication section on July 25, 1975.
The adjudication register was published, completed and opened for inspection on May 22, 1978, for a period of 60 days, according to documents filed in court.
No objection was raised under Section 26 (1) of the Land Adjudication Act, thus resulting in the registration of Mr Cheluget procedurally and lawfully as the sole owner of the land in line with the provisions of the Land Adjudication Act.
The families are now waiting for the land to be demarcated and title deeds issued, so as to permanently bring the matter to a close.
