Tour vans entering the world-famous Maasai Mara National Reserve's Sekenani Gate.
The family of Narok Governor Patrick ole Ntutu is at the centre of a protracted legal battle with the Narok County Government over ownership of 4,720 acres within the renowned Maasai Mara National Reserve.
The land, registered as CIS MARA/TALEK 155, is a critical breeding ground for leopards, cheetahs, and lions, and hosts 13 tourism camps including the popular Ol Kiombo Lodge.
The legal tussle began over 25 years ago when the defunct Narok Town Council challenged the ownership of the title deed held by businessman Livingstone Kunini Ntutu, Governor Ntutu's brother. The Narok County Government contends the land is unadjudicated trust land held on behalf of the public. The county seeks to have Mr Ntutu's title deed held together with his company Ol Kiombo Ltd revoked, arguing that allowing private ownership would undermine the Maasai Mara’s status as a national heritage site.
"Allowing Mr Ntutu to continue owning and using the land will erode the status of the Maasai Mara National Reserve as an important national heritage," further says the county in suit papers.
Livingstone Ntutu, however, maintains his ownership is legitimate. He claims the land was de-gazetted in 1992 through Legal Notice No 412/92, which declared the Talek area no longer part of the Maasai Mara.
"I legally own the land. The land was not adjudicated as claimed by the county government. Through a legal notice number 412/92 dated October 1992, the then Minister of Tourism and Wildlife in the exercise of his legal powers declared the Talek area of the then Narok District as having ceased to be part of the Maasai Mara National Reserve," reads part of court documents.
4000 acres
He further argues that on May 6, 1997, by a notice of motion, made under Section 5 of the Land Adjudication Act, the Land Adjudication officer, Narok, declared the Talek land a degazzetted area as an adjudication section. Following the declaration, the adjudication exercise was conducted and completed and a total of 155 parcels of land resulted from the adjudication exercise.
Mr Ntutu says he was then registered as the absolute proprietor of one of the parcels of land known as Title NoCIS- MARA/TALEK/155, which measures more than 4000 acres.
"The land was registered on October 14, 1997, in accordance with the provisions of the Registered Land Act, Cap 300 (now repealed)," he says in court papers.
He said the then Narok Town Council, however, continued to exercise rights of the land including rent, tariffs, royalties, fees and revenue.
Before Patrick Ntutu was elected Narok Governor, the case was initially between his brother Mr Livingstone Kunini Ntutu and the defunct Narok County Council.
Currently, court papers indicate that the first and second appellant in the case is Narok County Government, while the first respondent in the case is Livingstone Kunini Ntutu, the second and third respondent is Ol Kiombo Limited, and the fourth respondent is the Attorney General. The case is currently being heard at the Narok Environment and Lands Court and has seen eight key witnesses testify on the matter, with the judgement expected to be made on January 20, 2025.
The court seeks to determine whether the title deed of the suit land was constitutionally and legally acquired and whether it was marred with fraud and irregularities. An Assistant Principal Land Surveyor from the Directorate of Survey, Wilfred Muchai, was the latest to give his testimony on the matter early this week before Justice Charles Mbogo gives his judgement in January.
Justice Mbogo gave both sides seven days to submit their submissions before he makes the judgement in January.
The case had in the past risen through the judicial hierarchy from the High Court and Court of Appeal to the Supreme Court for determination of the ownership of the land.
The dispute dates back to 1984 when the defunct county council of Narok granted Ol Kiombo Ltd a 33-year lease within the national reserve to run hospitality services for tourists.
In 1992, the government declared the leased area part of Maasai Mara National Reserve, ending Mr Ntutu’s lease. In 2000, Ntutu sought to reclaim the land and in 2005 signed a consent that stopped the council from collecting rent or royalties from his company Ol Kiombo Ltd.
Supreme Court
The county council however claimed it did not authorise the consent, and in March 2014, Lady Justice Pauline Nyamweya revoked it, saying it was illegal. She ordered that the disputed land be returned to the county government.
Ntutu appealed against the decision. Appellate Judges Roselyn Nambuye, Daniel Musinga and Jamila Mohammed in April 2015, ruled that the 33-year-lease to the businessman was valid and ordered that he repossess the disputed land.
It was then that the Narok county government moved to the Supreme Court, arguing that the Court of Appeal considered irrelevant factors and failed to recognise that the title deed granted to Ntutu was cancelled in March 2010.
“As early as 1969, the Government had prohibited adjudication and registration of individual titles in the game reserve. All other records have revealed that the 4,000 acres were excised from the National Reserve in total contravention of wildlife conservation laws,” said the county’s lawyer, Tom Ojienda.
He added that the contested part was classified as a trust land and any portion could only be divided through adjudication and fresh classification by the government.
He further submitted that the decision went against public interest as it allowed unlawful disposal of communal land without redress to the community.
However, in 2018, the Supreme Court, led by the then Chief Justice David Maraga, referred the matter back to the Environment and Land Court, which has jurisdiction over such a dispute to determine the constitutionality and legality of the title deed.
"An order is hereby issued that the matter be remitted back to the Environment and Land Court for hearing pursuant to the ruling in the High Court dated March 19, 2014," read the Supreme Court ruling in part.
The CJ handed the matter to the Narok Environment and Lands Court which has been hearing the matter since then.
