Sh200m land dispute that turned friends of Nicholas Biwott family into foes
The late Nicholas Biwott.
What you need to know:
- While testifying in court, Ms Soti said the case has severed the once close ties between the two families.
- At the center of the dispute are two prime parcels of land in Moiben sub-County measuring 50.3 hectares.
A legal tussle over the ownership of a property valued at Sh200 million has turned two prominent political families against each other.
The property in Uasin Gishu County is the subject of a lawsuit pitting the family of Kanu era Cabinet Minister, the late Nicholas Biwott, and that of former State House Comptroller, the late Abraham Kiptanui.
Mr Wilson Arap Maina, the younger brother of the late Kiptanui, is the plaintiff in the case against a company associated with Biwott’s widow, Nominated Senator Margaret Kamar, and her daughter Maria Soti.
Mr Maina took Prof Kamar and her daughter to court for failure to transfer two prime parcels of land he bought from them through his company Kobilo Farm Limited six years ago.
While testifying in court, Ms Soti said the case has severed the once close ties between the two families.
“We used to be very close friends with the family of the complainant but since this matter came up in court, we are no longer in good terms,” Ms Soti told the court.
With the two parties having failed to resolve the dispute through mediation, Justice Elijah Obaga of the Land and Environment is set to deliver his judgment on March 14.
The two parties completed their submissions on Tuesday paving the way for the court to deliver the much-anticipated judgment.
At the center of the dispute are two prime parcels of land in Moiben sub-County measuring 50.3 hectares.
In an affidavit, Mr Maina told the court that he entered into a sale agreement with the Senator and her daughter on July 9, 2018.
Mr Maina told the court that he fulfilled his part of the agreement by paying Sh194 million. A balance of Sh6 million was to be cleared upon the two defendants surrendering the property to his company.
Mr Maina further told the court that the defendants failed to transfer the property to him, thus compelling him to seek legal redress.
He also told the court that he has since been unable to access and utilise the property after the defendants refused to hand over the original title deed, KRA PIN, clearance certificate, and valid rates among other crucial documents.
“I want this court to compel the defendants to immediately effect the transfer of the said suit property by supplying discharge of charge, certificate of incorporation, their copies of identity cards and colored passports,” the plaintiff said.
The court also heard that the plaintiff entered into the transaction agreement with the defendants through their shareholding company, Elfarm Limited six years ago.
Mr Maina told the court he was shocked to learn that the Senator used the disputed property as security to secure a Sh22 million loan from the Commodities Fund, which she is yet to service.
However, Prof Kamar dismissed as untrue claims by Mr Maina that she had gone against the transaction agreement.
She further told the court that the plaintiff had failed to pay the remaining balance.
The Senator also faulted the plaintiff for going against the sale agreement concerning the servicing of the said loan.
She told the court that to the best of her knowledge, she was still the legal owner of the parcels of land, arguing that at no time had she transferred the same to Mr Maina as he alleges in his testimony.
The Senator acknowledged the receipt of some money from the complainant as indicated in the sale transaction but added that she was no longer interested in selling the property to the complainant after he breached the sale agreement.
Similarly, Ms Soti dismissed claims by the complainant that the trees in the dispute suit property had been included in the sale agreement.
“Elfam Limited, which I jointly own with my mother, did not include the mature trees in the disputed parcel of land in the sale agreement as claimed by the complainant,” Ms Soti told the court.
