Court postpones decision on Kibor land dispute
Veteran politician Jackson Kibor gives his views on constitutional commissions during a public forum at Uasin Gishu's county hall in Eldoret town on September 16, 2015. The Eldoret Environment and Lands Judge Justice Antony Ambwayo on December 13, 2016 postponed ruling on Kibor land dispute.. FILE PHOTO | JARED NYATAYA | NATION MEDIA GROUP
What you need to know:
- Justice Antony Ambwayo did not appear in court but sent his clerk to instruct the parties of the new date of March 14.
- Mr Kibor moved to court seven months ago to bar the transfer of 1,250 acres to his sons, 20 years after sub-division of the parcel.
- In his application, he accused his six sons and nine-long term servants of fraudulently sub-dividing and processing titles for his land.
The hearing of the land dispute involving Eldoret veteran politicianJackson Kibor, his six sons and nine-long term servants failed to take place on Tuesday due to unavailability of the Eldoret environment and lands judge.
Justice Antony Ambwayo did not appear in court but sent his clerk to instruct the parties of the new date of March 14.
Zephania Yego, a lawyer representing the defendants, argued that due to the urgency of the matter he felt a March date was far and requested the court to give a closer date.
“We wish to request the court to issue a closer date probably next week or early January,” said Mr Yego.
Mr Kibor moved to court seven months ago to bar the transfer of 1,250 acres to his sons, 20 years after sub-division of the parcel.
ILLEGAL SUB-DIVISION OF LAND
In his application, he accused his six sons and nine-long term servants of fraudulently sub-dividing and processing titles for his land.
Kibor maintains that he is still the owner of the entire parcel which he alleges was illegally sub-divided and registered at Uasin Gishu County Land Registry.
Kibor also accuses the defendants of continuing to trespass, encroach and develop the land, neglecting an order from the District Land Registrar requiring them to vacate and to surrender the invalid titles.
According to him the situation has caused him irreparable damage and asked the court to direct the county’s land registrar to nullify and cancel the alleged unlawful consolidation, sub-division, registration and issuance of titles.
COMPENSATION FOR GENERAL DAMAGES
He also seeks an order of permanent injunction on the land suit, eviction of defendants, compensation for general damages for trespass and that the defendants pay the costs of the suit.
The six, Elkana Kipleting, Evans Kipkosgei, Ezekiel Kipng’etich, Eric Kipchumba, Raymond Kibitok and Edwin Kipkoech are Kibor’s children with his third wife, Naomi Cheptoo have strongly denied the allegations.
Kipruto Malel, Samuel Kiprono, Tanguar Suge, Serei Lelnengit, Chelulei Keino, Wesley Sambai, Wilson Kogo, Kiprotich Kibiwott and Gideon Chemiron were the long-serving servants of Kibor whom he gave five acres each.
Kibitok, who was allocated 250 acres, says the process of sub-division was done by the director of survey in a process that ended in December 2, 1994 and was initiated by his father.
“There was neither undue influence nor shrouding of legal process. By then the 11th to the 15th and 18th defendants had just attained the age of majority and he signed the transfers on their behalf,” added Kibitok.
According to Kibitok, his father also allocated 20 acres to Samitoi Girls Secondary School, one acre to Seiyo PMCA Church and 22 acres for the construction of a dam. He retained 235 acres, which he registered as Kesenche A and Kesenche B.
