Two families tussle over who owns Baringo island

One of the islands on Lake Baringo. [File, Standard]

One of the islands in Lake Baringo is at the centre of a legal tussle between two families with each claiming ownership.

The families of Ntinayai Lolpisa Ole Parsare and William Godfrey Garth Roberts are fighting over the 11.32-hectare island.

Henry Parsare and Moses Parsare, on behalf of the family of Lolpisa, have sued Ian Hamisi Nevile and Caroline Emma Withey, being the administrators of the estate of William Godfrey Garth Roberts, the Land Registrar Kabarnet, and the Attorney General.

Henry and Moses, through lawyer Kipkoech Ng'etich, filed the case before an Iten court claiming the island is their ancestral land that has historically been used for grazing by the family of Ole Parsare.

On March 20, 1995, the two, together with others namely; Thomas Lolpisa Ole Parsare and Jonathan Ole Parsare, also registered proprietors of the suit property, entered into a Sale Agreement with William Godfrey Garth Roberts for the sale of 3.6 hectares of the land.

"The Sale Agreement dated March 20, 1995, was entered into in respect of land measuring 3.6 hectares or thereabout. This is what Henry Lolpisa Ole Parsare, Thomas Lolpisa Ole Parsare, Jonathan Ole Parsare, and Moses Ole Parsare were selling to William Godfrey Garth Roberts," the applicants told court.

The suit papers further stated: "But the petitioners were shocked to find out that William Godfrey Garth Roberts has a title in respect of the entire 11.32 hectares of land parcel number BARINGO/KOKWAISLAND/14." Henry and Moses claim there has never been an agreement to sell the parcel number BARINGO/KOKWA ISLAND/14- measuring 11.32 hectares to Roberts.

They questioned how the estate of Roberts got the title for the 11.32 hectares. They termed the acquisition of the title deed as unlawful adding that it disinherited the family of Ole Parsare, of the suit property.

They want the court to issue a declaration that they are the rightful owners of the land and that Roberts should vacate. They want the court to also declare null and void the title in the name of Ian Hamisi Nevile and Caroline Emma Withey.

Withey, in response, said her co-executor and administrator is lan Hamish Neville Craig and denies knowing Ian Hamisi Nevile.

Withey argues that the land is registered in her late father's (William Godfrey Garth Roberts) name and is due for transmission to the beneficiaries he bequeathed it to in his Will. The land, she said is leased out.