Temporary relief for Mark Too’s family in 25,000 acre land row with squatters

The family of the late powerful politician Mark Too has received temporary relief in a dispute with squatters over a 25,000-acre farm in Eldoret, Uasin Gishu County.

The Court of Appeal directed the settlers to stop interfering with activities on the disputed land until an appeal filed by the family is heard and determined. 

It followed days of attempted forceful occupation of the land, located next to Eldoret International Airport, by squatters that was characterised by running battles with police.

The Court of Appeal, sitting in Eldoret, issued the temporary orders to more than 1,000 squatters who claim ownership of the land associated with the late politician, who was a close ally of the late President Daniel Arap Moi.

A three-judge bench of the Court Appeal included justices P.O. Kiage, K. M’inoti and Mumbi Ngugi and issued the orders on June 14.

Formerly farmhands

The squatters are members of the Sirikwa Squatters Self Help Group. They claim that they previously worked as farmhands and labourers when the farm was owned by a British multinational that once grew wattle trees on it.

The squatters have argued in court that the property belonged to their forefathers before they were kicked out to give way for the wattle tree plantations.

Last Friday, the squatters engaged police in running battles as the latter brought down temporary houses that members of the group had erected on the farm.

The Court of Appeal issued the orders after the family of the late nominated MP, through Fanikiwa Limited, challenged a ruling by the Environment and Land Court in Eldoret, which awarded the squatters the disputed land.

Temporary injunction

In their appeal, Too’s family sought a temporary injunction restraining Sirikwa Squatters Group, the Uasin Gishu County police commander, Eldoret South OCPD, Kiambaa Police Station OCS and county criminal investigation officers from interfering with the property pending the hearing and determination of the appeal.

The appellants had told the court that the Sirikwa Squatters Group, the first respondent, had illegally interfered with operations on the farm by attempting to survey it in readiness for distribution among its members.

In civil application Number 70 of 2022, Fanikiwa Limited had sought a stay of the proceedings pending the hearing and determination of the appeal on the ruling and the determination of the main appeal.

They challenged the May 11 ruling and order of Environment and Land Court Judge Elijah Obaga at the High Court in Eldoret.

Ruled in their favour

On February 9, 2017 the High Court in Eldoret ruled the case in favour of the Sirikwa Squatters Group, prompting the Too family to appeal.

In the 2017 ruling, Justice Anthony Ombwayo agreed with the squatters that the property belonged to their forefathers before they were kicked out to give way for the plantations.

Justice Ombwayo ordered that the squatters be allocated the land.

"The petitioners have a legitimate expectation to be registered as owners and need to be allocated the parcels of land because the transaction by the respondents was unlawful,” ruled Justice Ombwayo, the eighth judge to preside over the case. 

“The respondents need to abide by the initial decrees and documents from relevant government authorities and issue title deeds to the applicants."

The judge had also directed the Too family to retain not less than 67.5 acres from the disputed 25,000 acres.

The court will rule on the main appeal on June 22.

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