Court bars Olopito Ranch officials from land interference

The Environment and Land Court has barred the Olopito Group Ranch members from evicting or interfering with pieces of land they sold 112 Kenyans and institutions.

 Justice Charles Mbogo of the Narok Environment and Land Court said the 112 plaintiffs had proved their case on a balance of probabilities.

 “A permanent injunction is hereby issued as against the defendants, their agents, servants, employees and or any other person(s) claiming through them from re-surveying, subdividing, evicting interfering, alienating, entering allocating, offering for sale or dealing in any way whatever and whatsoever of plaintiffs’ plots measuring 100 x 100 feet situated on land parcel No. Cis-Mara/ Olopito/ 788,” said Justice Mbogo.

 According to the plaintiffs, they purchased pieces of land measuring 100 x 100 feet on the parcel known as Cis-Mara/Olopito/788 from people they say are bonafide members of the ranch group.

 They said that between June 20 and 23, 2012, the named defendants in the suit issued them with a notice through government agencies to vacate the land.

 In the notice, they allegedly said they wanted to re-survey and re-subdivide the contested land into smaller units measuring 50 X 50 feet plots.

 The plaintiffs argued that this notice was in contrast to the individual agreements they entered during the land sale.

 The plaintiffs also sued the Attorney General, the Commissioner of Lands, the District Commissioner of Narok District, the Officer Commanding Station Narok District, the Narok’s Land Registrar, Surveyor and Adjudication officer.

 They added that the aforementioned government agencies and agents met with the defendants between June 26 and 29, 2012, when the Narok District Commissioner ordered them to comply with the said notice or face eviction.

 In their defence, the plaintiff said that after they had purchased the plots, they were issued with individual plot numbers awaiting title deeds.

 They contended that the looming subdivision, as per the notice, was unlawful and illegal since they had occupied the said land for more than 22 years.

 They added that the move to survey and subdivide the land amounted to a breach of various agreements they entered during the sale.

 Through the ranch officials, the defendants argued that the land in question had never been given to anyone for sale to a third party.

 Olopito denied that the land had undergone any subdivision and that any sale of their land was null and void, adding that the plaintiff had invaded the land.

 They argued that no consent had been sought and obtained, and no titles were pending issuance.

 According to the officials of the ranch group, the people cited as the sellers of the land were not their members, and no valid title deeds could be issued.

 They termed the plaintiffs trespassers while denying they had been on the land for over 22 years.

 The government agencies led by the AG said that the land belonged to the ranch group, and the claims made by the plaintiffs were baseless and meant to mislead the court.

 They denied ever being served with the statutory notice of intention to sue, terming the plaint defective.

 John Allan Kamau, a former District Officer, said that he learned of the 6,000-hectare land in 1981 after ranch officials sought his help.

 He brought the issues to the attention of the then-Narok County Council, who sought to expand the town, but the officials refused.

 The officials later met officials from the Ministry of Land, who explained the procedure to get approval to surrender 47 hectares to the Narok City Council.

 Kamau got a plot No.163, which he paid for in the form of Sh800, and three goats valued at Sh9,500, he constructed a house, but the same was vandalized by unknown people.

 Another witness, Charles Ngare, a retired District Commissioner, said that he bought three plots between 1985 and 1986 and developed them in 1989.

 He told the court that he had been on the land since 1985, adding that in 1997, there were a lot of problems in the area. Some people were kicked out, and in 2000, they got threats from Olopito members to vacate the land.

 According to Ngare, Olopito officials continued to sell the land and chased out people who bought the said land after some time.

 He testified that the re-surveying and re-subdivision were being done by new members of the ranch group, which he did not know.

 Ngure said he bought his land from Daniel Purko Kisio, John Ole Nchoe and Karaie Sadera.

 He denied knowing Alfred Sadera Ole Nchoe, Samuel Nchoe and Josiah Nabola, who he accused of being behind a second mutation.

 Rebecca Langas said she bought plot No.135 at Sh17,000 in 1990, which she fenced, but unknown people removed it.

 She testified that she had buried two of her children on the said land but admitted not having a title deed, saying that when she asked for it, she was told to wait.

 Handson Mesisi testified that his colleague Peter Boyero bought a 100 x 100 feet plot from Samuel Kingoina for Sh70,000 on December 3, 1999.

 He said that the plot belonged to Kingoina, who purchased it from Leboi Ole Yanko, and he started living in it in 2006.

 Benjamin Mwangi a former Adjudication officer based in Narok testified that the group which was incorporated on November 11, 1970, had 470 members as of 1993.

 According to Mwangi, during incorporation, Olopito had 10 officials, and they were given consent to subdivide the land in 1984 through a letter from the Ministry of Lands.

 He added that another letter from the ministry was for the group's dissolution, which was a response to an application they made.

 Mwangi identified the consent of the sub-division from the Director of Land Adjudication but said he did not know whether it was done as directed.

 Honouring summons, Mwangi said that the subdivision done in 1998 saw 556 parcels gotten from the mother title, and a further subdivision in 2017 saw the parcel numbers rise to 6,350.

 He said that, as per the records, Olopito was dissolved on July 28, 1989.

 Joseph Oloishoro Ole Nchoe said he was the chairperson of the Olopito group ranch since 2018 and has been a member since 1983.

 He said that the ranch had 16,000 acres of land, and neither did they have any dealings with the plaintiffs nor authorise anyone to sell land since it had not been allocated to members.

 Ole Nchoe added that the land was subdivided into 50 by 200 feet commercial plots, which were to be allocated to members, adding that he knew the people who allegedly sold the land to the 112 plaintiffs since they had been given title deeds.

 He said that the people who had developed the pieces of the land were strangers since they did not find Olopito members on the ground.

Between 2013 and 2015, Ole Nchoe said that Olopito issued 200 title deeds after the consent to subdivide was granted in September 2013.

 Justice Mbogo found no evidence of any notices issued to its members and no minutes to refer to the members' resolutions concerning the affairs of the same.

 He added that the land allocation had already been done before the letter of consent dated March 10, 1986, was issued, which he said brought an end to the group.

 “It is my view that the group ranch was dissolved at this time, and the officials remained in office to execute transfer documents,” said Justice Mbogo.