Image of posh Ngata estate stained by law suits, bloody feuds

Family and friends of Richard Kipsielei pay their final respects during his burial at Burgei Village in Rongai, Nakuru County, on August 22, 2024. Kipsielei was fatally attacked by unknown assailants on a Ngata farm where he worked as a manager. [Kipsang Joseph, Standard] Located on the periphery of Nakuru city, Ngata is one of the highly sought-after destinations for building permanent residential homes in the county. It has close proximity to the city's Central Business District and harbours some of the best tourism destinations in the county and the best hotels. It is among the places where one willing to acquire a parcel of land will be required to dig deep into their pockets. Ngata is one of the farms that was bought from European settlers and set aside for research and development in animal and crop husbandry by the government. The land was later transferred to the Agricultural Development Corporation. In 1979, the land was subdivided and part of it was sold to individuals, the majority of whom were government officials. Its strategic location, development, and privacy have attracted many, with many preferring to build their homes within the area. However, Ngata's respectable image is now being stained by the continuing reports of numerous fights for land, some resulting in death and several court battles. According to the locals, the fights over land ownership in the area started in late 2023 and spilled over to this year. The land owners through their chairperson Yatich Kagungo said they have never witnessed cases of land invasion in the area for over two decades they have stayed in the area. Yatich was speaking during the burial of Richard Kipsielei in Burgei, Nakuru County. Kipsielei was attacked by unknown people on one of the farms in Ngata where he worked as a manager. A post-morterm report indicated that he was hit on the head with a blunt object. "From late last year, we have had a major problem in Ngata. Today, we have come to lay to rest Richard Kipsielei, who was a manager in one of the farms which have been a subject of contention," said Yatich. The chairman said Kipsielei was a manager in a farm owned by Kennedy Chebii and also claimed by Sylas Tochim. He revealed that at least eight families have been affected by the invasion. He said a group of people raided the land on April 5 and attempted to cultivate it, but the locals repulsed them. The tractor operator he said attempted to run over the late Kipsielei at that time. On June 19, the group went back. At the time he said other farms were being raided. Residents he said chased the people. In the middle of the night on August 6, a group of over 60 people raided the land, and the late Kipsielei was killed. "Kipsielei didn't have to die, a group of people raided the land he was managing and attacked him. I have never seen people come claim land in the middle of the night, if it belongs to you, you come in broad daylight," he said. He said the majority of parcels of land targeted are those in the hands of widows and undeveloped ones. He said the question of land in Ngata and parts of Nakuru has to be addressed. "We are calling on the Minister for Lands to address this issue. The issue of land in Ngata has to be addressed to avert such cases," he said. The Saturday Standard has established that several cases have since been filed in the Nakuru Environment and Lands Court regarding ownership of various parcels of lands. Among the cases include one filed by Chebii against Tochim in April. Chebii through his lawyer Peter Okiro has sued Tochim, the Chief Land Registrar, the County Commissioner Nakuru, and the Rift Valley Regional Commissioner. He claims he is the registered owner of the four parcels of land and has been in possession of them for 29 years. The parcels are valued at Sh200 million. He indicated that Tochim sent his agents to the suit property to interfere with it and prevent his workers from cultivating the land parcels. He accused Tochim of fraudulently manufacturing title deeds of the suit property in an attempt to invade. "The first defendant claims that he was gifted my land by his late father that is Joshua Kimoi Singoei in the year 2010, and to this effect he has manufactured fake deeds," stated Chebii.He added Tochim's title has no roots and emanates from nowhere as at the time the fake deed of gift was manufactured in the year 2010, he (Chebii) was already the registered owner of the property and had occupied it for 16 years. Chebii said Tochim's actions are with full blessings and supervision of the County Commissioner and the Rift Valley Regional Commissioner whom, apart from illegally bestowing themselves the power of adjudication on the land disputes. Tochim in his response said he is the owner of the four parcels of land and denies the averments by Chebii. He said he was gifted the said parcels of land by his father vide deed gifts dated January 27, 2010, when he took possession and started developing them. He said he should not be accused and condemned unheard since he is the legal owner. In another case, Joshua Kulei and Sian Enterprises are battling over ownership of a 20.24-hectare parcel with Omar Mohamed Omar and Patrick Maina Wakanda. Omar and Wakanda have sued Joshua Kulei, Chief Land Registrar, Attorney General, and Sian Enterprises Ltd. The duo claim ADC allotted them the land following an application and upon compliance with the conditions contained in the letter of offer. Omar in July, during the hearing of the case, told the court in Nakuru that he first applied for land on October 8, 1995, together with his age mate Wakanda, at the age of about 21. He was issued with the title deed in 1996. He paid Sh46,826.85 after allotment to ADC through Lands Limited, which he described as a subsidiary of ADC. He could not recall the name of the chief accountant he made the payment to. Kulei and Sian Enterprises have disputed Omar and Wakanda. Sian claimed it acquired the property from the late Cabinet member Joseph Nkaiserry, who acquired it from ADC in 1991. They claim that in March 1998, they entered into an agreement with Nkaiserry for consideration of Sh5.5 million. **Sian noted that before the registration of the transfer, it realised that Nkaiserry had before 1996 used it as security to obtain a Sh500,000 loan from Postbank Credit Ltd. A letter from Postbank dated March 11, 1996, confirmed that Nkaiserry had cleared the loan. The two said it was upon verification of all documents that they forwarded a transfer dated August 20, 1999, to the Lands Registry. Kulei said Omar and Wakanda cannot lay claim to a private property, invade it then **purport to cry foul when the registered proprietor takes steps to protect it. Kulei said ADC transferred the property to Nkaiserry on January 21, 1991, and registered on January 22, 1991, for consideration of Sh60, 015 .63. Nkaiserry was issued with a certificate of title dated February 22, 1991. In March 1998, Sian agreed to buy the property for Sh5.5 million, which was paid in two installments on March 23, 1998, and July 23, 1998. On September 8, 1999, the transfer of the suit property was registered in favour of Sian. "Immediately after purchasing the property, (Sian Enterprises Limited) took vacant possession of the suit property more than 20 years ago and has enjoyed quiet occupation of the same. The plaintiffs (Omar and Wakanda) were never on the suit property before commencing their cause of action," said Kulei. The Chief Land Registrar, Ngata Location Chief Augustine Cheruiyot, and Carolyne Mutungi of Postbank have since been summoned to come to testify in the case. Judge Anthony Ombwayo issued the summons following an application by lawyers Tom Ojienda and Cecilia Misati, representing Kulei. In another case, Lumbei Company Limited and Mike Kasungu are fighting over ownership of a 10.06-hectare parcel of land in Ngata. Lumbei through lawyer Gordon Ogola claims it acquired the land from Leornard Arap Sawe in 1994. It claims ADC in June 1990 allotted the land to Philemon Mwaisaka who later sold it to Sawe in 1991. However, Mwaisaka as per the court documents has since denied ever selling Kasungu the property. Kasungu said the Ministry of Lands has numerously issued certificates of searches confirming that he is the registered owner of the property and that he acquired valid interest from ADC according to the transfer instrument registered on February 14, 1996, and a certificate of title issued.

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