Former President Daniel Moi has dismissed claims by Sirikwa squatters that he decreed they be given 25,000 acres of land near Eldoret International Airport for their settlement.
More than 800 squatters had moved to the High Court to claim the land currently occupied by former nominated MP Mark Too, alleging that the latter had illegally taken the land that Moi awarded them in 1998.
Moi denied he had given the prime land to the squatters, saying he could not have given out private property. He questioned the origin of the claims.
“The land was previously owned by Lonhro Agri-Business East Africa Limited and there was no way I could have given out private property to the squatters as they claim,” said Moi through his Press Secretary Lee Njiru.
“I am cautioning those maligning my name through these allegations that I will sue them,” he said.
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On Wednesday, the squatters who have been contesting ownership of the land since 2007, wanted the matter referred to Chief Justice Willy Mutunga for an expeditious conclusion, saying the matter raises critical questions on the law.
The squatters sued Commissioner of Lands, Chief Registrar of Title Deeds, Director of Land Adjudication and Settlement, Director of Survey, District Land Officer (Uasin Gishu), Lonrho Agribusiness East Africa Company, Mark Too, David Korir, Highland Surveyors and Kennedy Kubasu, a private surveyor for irregular change of ownership of their alleged land.
Legal structures
The plaintiffs told the court that the respondents had illegally converted government land to private land without following legal structures and approval from relevant authorities.
Through their lawyer William Arusei, the squatters reiterated rightful ownership of the land, saying they had proved their stand beyond reasonable doubt backed by legitimate ownership documents.
“This case raises substantial questions on the law as it involves violation of a basic right for the squatters to access land. There is also the question on how the respondents converted government land to private property without proper documentation and authority from Land offices,” said Arusei.
The squatters’ chairman Benjamin Ronoh, in their affidavit, said the land was surrendered back to the government on June 9, 2000 after which they were allocated the land.
On Wednesday, Arusei told Lady Justice Cecilia Githua that after a long quest for justice in a matter that has so far been attended to by seven judges without a verdict, it was time to refer the case to the Chief Justice as guided by Article 165 of the Constitution.
Article 165 (4) states that any matter certified by the court as raising a substantial question of law under clause (3) (b) or (d) of the same Article must be heard by a bench constituting an uneven number of judges exceeding three. Justice Githua scheduled December 18 for hearing of the petition.
