Court orders third survey on 666 acre land belonging to former MP
Rift Valley
By
Daniel Chege
| Jul 20, 2024
The High Court in Nakuru has ordered a third survey on a 666-acre land in Njoro Sub-County, forming part of former Rongai Member of Parliament Kibowen Komen's estate.
On Thursday, Justice Samwel Mohochi held a court session on the land following disputes by Kibowen's daughter-in-law Grace Samson and administrators Peter Kipruto, Abdulghani Mohamed, Abdulkadir Mohammed and Evan Kiptui.
Mohochi visited the land after February 2024 orders directing 66 acres to be excised from the land and sold to pay debts were disobeyed.
"The location of the 66 acres is known, following surveys of February 14, 2020 and July 20, 2020. The land is to be sold to pay creditors," ruled Mohochi in February.
Documents in court show creditor Agrisup Limited claims Sh1,295,000 from Kibowen, while Anne Naanyu claims over Sh23 million, a refund over the sale of 185-acre land.
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Mohochi noted that part of the land had been subdivided and occupied, but ruled as illegal any sale or transfer of the land after Kibowen's death on February 15, 1997.
The Judge said that unless a new survey is done on the land, it will be difficult to locate the 66 acres.
"The judgment on the excision of the 66 acres was delivered 14 years ago. The court came to the site to ensure we locate the parcel," said Mohochi.
He directed the survey and placement of beacons within 14 days, in the presence of lawyers representing Grace and the lawyers representing the administrators.
The surveyor was ordered to rely on the two previous surveys and file his report in court by September 17.
During the session, Lawyer Waiganjo Mwangi representing two administrators said in the 2010 judgement, Grace was allocated 450 of the 666 acres.
"Sote Komen, Kibowen's widow and her son Stephen Kiptui were allocated 150 acres and the administrators were given the 66 acres to sell it," said Waiganjo.
He said that Grace was aggrieved, filed an appeal which was dismissed and subdivision ordered.
Lawyer Karanja Mbugua, also representing two administrators, said they attempted to fence the 66 acres but chaos erupted and the surveyor had to shoot in the air to protect himself.
Karanja, however, urged court to ensure that the 66 acres are not excised on part of the land where Grace's loved ones are buried.
Kibowen died on February 15, 1997 without writing a will. The case will be mentioned on September 17.