A land dispute has erupted in Kitale as owners of Nimaam estate, developed and sold during President Daniel Moi’s administration in the late 1970s and early 1980s, face attempts by the Prison Department to repossess their homes.
Nimaam estate is located on Laini Moja Street, adjacent to Kitale Medium Prison. It comprises 42 two-bedroom houses originally sold under an affordable housing project launched in the late 1970s by the Kenya National Assurance Company Limited in partnership with the defunct Municipal Council of Kitale.
The homes were offered to the public in 1981 at Sh252,000 each with 99-year leasehold titles.
The current owners, many who bought or inherited the homes from the pioneer buyers, insist they have all the legal documents proving ownership and mortgage receipts issued by the government during President Daniel Moi’s administration.
The houses have become inaccessible after the government fenced off the estate without legal notice last week, and residents have vowed to fight back through the courts, fearing forced eviction.
Nimaam Estate in Kitale town, along Laini moja street, next to Kitale Medium Prison which is at the centre of an ownership dispute.
Photo credit: Evans Jaola| Nation Media Group
The estate’s owners claim that the recent fencing by the Prison Department was carried out without any court order or formal communication, effectively locking them out of their properties and leaving them anxious about their future.
“We bought these houses from the government through an affordable housing project, which explains their uniform design. We are now surprised that we cannot access our property and have even lost tenants,” complained Mr Evans Saisi, a resident whose late father was among the first buyers.
He said they purchased the houses through a government scheme and have been paying their land rates consistently for years.
“It is baffling that the government, which sold us these homes during President Moi’s era, now wants to repossess them without explanation,” he lamented.
The houses were constructed in the late 1970s, financed by the Kenya National Assurance Company Limited in partnership with the now-defunct Municipal Council of Kitale. Each of the 42 units was sold publicly in 1981 for Sh252,000 under mortgage plans, with terms of 10 and 20 years, and came with 99-year leasehold titles.
By 1985, all the houses were fully occupied by local buyers who either purchased outright or through installment plans. The estate quickly became a symbol of affordable, secure housing for the middle class, boasting a gated community with CCTV cameras, tarmacked walkways, and robust security.
However, the tranquility of the estate was shattered when the Prison Department fenced off the property last week, citing a government initiative to repossess grabbed prison land. This move follows President William Ruto’s directive in early 2024 to reclaim prison land for the expansion of Kitale town.
Residents, led by community leaders, including Mr William Koros and Mr Peter Alex Warui, have rejected the repossession efforts.
“We have lived comfortably here, paying land rates up to date. Now, we are confused why the government, which sold us these plots, wants to take them back,” said Mr Koros.
“We were given these houses by the defunct Municipal Council, which managed the purchase transactions. The government must explain why it claims we are here illegally,” Mr Warui added.
Nimaam Estate in Kitale town, along Laini moja street, next to Kitale Medium Prison which is at the centre of an ownership dispute.
Photo credit: Evans Jaola| Nation Media Group
The residents insist the Prison Department has no legal authority to evict them and accuse it of acting in bad faith without proper consultation or due process.
“I have lived here all my life, and we have all the legal documents, including the ownership documents, lease titles, and receipts issued by the government decades ago. We want the government to follow due process and acknowledge our ownership. We are deeply affected by this move,” said Mr Warui, whose family bought their house in 1981 and was issued a 99-year lease title in 1999.
Local political leaders have also condemned the fencing, highlighting the disruption caused to residents, the GK Prison Primary School, and a nearby health centre.
Tuwan Ward Member of County Assembly Mr Francis Were, criticised the Prison Department for ignoring protocol and causing unnecessary panic.
“We hear they now want to disconnect water and electricity, and families here are genuinely living in fear. This is very wrong,” he said.
Similarly, the business community representatives led by the Chairman of the Kenya National Chamber of Commerce and Industry Trans Nzoia chapter Mr Titus Killong, expressed concern over the lack of public participation before fencing the estate.
“We are here to defend our people from rogue government officials misusing their authority. There must be clear communication on why this is happening,” said Mr Killong,” Mr Killong said.
Kitale Municipality Area Chief Mr Charles Namunyu, confirmed that the fencing of the estate was carried out by officers from the Prison Department in the county. However, he emphasized the importance of conducting public participation on the matter.
“Yes, the affected area is part of Bondeni Sub-location within the Municipality. We are engaging with the relevant department to find a way forward, but I am aware that the affected residents have already taken the matter to court for redress,” added the local administrator.
He also called for enhanced coordination among the concerned departments to prevent panic and tension among the affected families.
Prison authorities, however, declined to comment on the matter, with a senior officer who asked not to be named only stating that they were acting on ‘a government directive from above.’
