Tourists on game drive watch a herd of elephants at Musiara area of the Maasai Mara National Reserve.
Narok County government lost the rights over a disputed 4,000-acre parcel of land that was part of the world-famous Maasai Mara National Reserve after failing to object to an adjudication process conducted in 1997.
In a judgment on Thursday, March 6, Justice Charles Mbogo faulted the county government for purporting to challenge the process after individuals, including Mr Livingstone Kunini Ntutu, the brother of Narok Governor Patrick Ntutu, acquired interest in the parcels of land.
The Environment and Land court further dealt a blow to the county government after ordering the devolved unit to table all the accounts of revenues and fees collected from the disputed parcel of land since October 1997 within 30 days and the same to be paid to Mr Kunini Ntutu.
“In my view, the 1st defendant (Narok county government) having failed to invoke the necessary mechanism to resolve any issue arising out of the adjudication process, it would be safe to state that the 1st defendant forfeited its right to file any objection or claim,” said the judge.
The judge added that the county government did not challenge the history of Mr Kunini Ntutu’s title in the manner it ought to have done.
He said it was his finding that the county government had no business remaining on the contested land and there was no justification for it to collect monies that ought to have been collected by Mr Kunini Ntutu.
The judge said the county government was aware of the ongoing adjudication process owing to its acquisition of parcels number 152 and 153.
And having such knowledge, the county government should have taken necessary action to file an abjection against the adjudication process.
“From the look of things, the 1st defendant woke up from slumber as it engaged the services of a surveyor after individuals had acquired an interest in their respective parcels of land,” he said.
Mr Kunini Ntutu testified that contested land was part of the Talek area that was de-gazetted following the adjudication exercise duly carried out as provided for in the law, through a notice dated June 15, 1997.
He said the adjudication officer certified the same as complete and gave a 60-day period for any objections and there was a total of 155 parcels of land that were made in the adjudication, which were ascertained, recorded and registered in the names of the respective owners.
Mr Kunini Ntutu said he was ascertained, recorded and registered as the absolute owner of the land measuring 4,000 acres known as Cis-Mara/Talek/155.
He further testified that the land was registered in his favour on October 14, 1997, and all the privileges, rights and favour enjoyed by the defunct county council, were vested in him.
The county government opposed the case arguing that the notice of the establishment of an adjudication section on May 6, 1997, was never implemented and that it was cancelled in a notice issued two months later.
The county government maintained that the disputed land does not constitute part of Talek area.
According to the county added that mandatory provisions of the Trusts of Lands Act and Wildlife Conservation and Management Act were not adhered to, since the land has never been surveyed and that it was not identifiable on the ground as required by law.
According to the county government, the Ministry of Tourism declared the cessation of Talek area as part of the Maasai Mara National Reserve for the purpose and for the benefit of the members of the Talek group.
The county said the de-gazettement of Talek area was for a specific purpose and for the benefit of the residents of the Koiyaki group ranch, which Mr Kunini Ntutu was not part of.
But the court said the principal adjudication and settlement officer did not have the power to order a correction of the notice.
“In any case, there is no record of the purported implementation of the correction on the ground,” said the judge.
The court said the county government failed to present its grievances to the relevant body mandated to hear disputes arising from the adjudication process at the time when it was due.
The judge issued a permanent injunction restraining the county government and its servants from demanding and collecting fees or revenue over the land.
The decision sparked protests in Narok as youths expressed dissatisfaction with the outcome of the case, which has been in the court corridors for more than two decades.
Governor Ntutu announced that the county will appeal the decision.
“The County Government of Narok has this morning appealed case Number 21 of 2021 having been dissatisfied with the Judgement rendered on March 6, 2025, by Justice Charles Mbogo,” Governor Ntutu said.
