A High Court in Eldoret has ordered Kapseret Member of Parliament Oscar Sudi to stop cultivating a 50-acre piece of land belonging to a former colonial-era chief Kibor Talai.
The court ruled that Sudi was not allowed to cultivate the land that has not yet been divided to the late Talai’s beneficiaries as the succession cause of 2014 is still pending in the High court.
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Justice Millicent Odeny noted the MP was not a beneficiary or a party to the succession cause and that the court had issued orders in April 2016 preventing invasion of the land by strangers.
“The defendant herein is not a beneficiary and there would be no way of dealing with the dispute in the succession cause pending before the High court. The succession cause involves the beneficiaries and the distribution of the estate,” Justice Odeny ruled.
“The court stopped the beneficiaries from selling, altering or charging the suit land. How do you deal with a third party who is neither a beneficiary nor a party to the succession cause?”
The late chief’s children Nancy Talai and her brother Joshua Talai, who are administrators of the land, had filed the case in March 17 seeking orders to restrain Sudi from trespassing or cultivating the land.
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Sudi's lawyer Jane Tororei had told the court that he had entered in a Memorandum of Understanding with Eunice Talai, a widow of one of the sons of long-dead Arap Talai. Sudi was to till a portion of the land in exchange of financial aid to her children.