Eldoret trader sues Senator Kamar over Sh200m property claim

A company associated with nominated Senator Prof Margaret Kamar has been sued for allegedly refusing to transfer property worth millions of shillings to a firm that is claiming it.

The plaintiff Wilson Kipkosgei Maina, a trader in Eldoret, told the court that he acquired the property through Kobilo Farm Limited after agreeing with the defendant.

Through his lawyer, he told the Eldoret Environment and Land Court that he entered into the transaction agreement with Elfam Limited, which is associated with Senator Kamar, in 2018.

“I want this court to compel the defendant to effect the transfer of SERGOIT/KOIWOPTAOI/BLOCK/13/4 immediately by supplying discharge of charge, duly transfer forms in the triplicate, an original title deed, valid rates, clearance certificate, certificate of incorporation, KRA pin, denied copies of identity cards and coloured passports of the directors of Elfam Limited associated with Prof Kamar,” said the plaintiff.

Sale agreement

The plaintiff told the court that the parties entered into the sale agreement on July 9, 2018, where the defendant agreed to sell to him the said land known as Sergoit/Koiwoptaoi/13/9 measuring 36.7HA at Sh150 million and Sergoit/Koiwoptaoi/13/4 measuring 13.6 HA at Sh50,000.

The complainant told the court that he had already fulfilled the sale agreement after paying Sh194 million and was ready to clear the balance of Sh6 million.

He was, however, shocked to learn that the defendant who had used the same property as security to acquire a loan from Commodities Fund had failed to clear the loan of Sh22 million.

Prof Kamar's response

Testifying in the case, however, Prof Kamar refuted claims by the applicant accusing him of defaulting on their agreement concerning the said loan service.

Prof Kamar denied allegations of grabbing the land belonging to the plaintiff, noting that she was still the valid owner of the land in dispute.

She, however, confessed to having received some payments from the complainant as indicated in the sale transactions and the property has already been transferred.

The applicant told the court that the defendant was in the process of ‘fraudulently’ subdividing the said parcel of land to dispose of it to other parties and unsuspecting members of the public.

The complainant alleged that the defendant had the ulterior motive of frustrating the agreement by refusing to pay the loan owed to the Fund to have an excuse as to why she cannot surrender the property as required in the agreement.

Harvesting trees

He further accused the defendant of forcefully harvesting trees from the disputed property, despite the trees being included in the agreement.

“The firm has violated our agreement by forcefully harvesting mature trees even though the same was inclusive of the purchase price. She fraudulently subdivided SERGOIT/KOIWOPTAOI/BLOCK/13/4 with a view of alternating the same to 3rd parties in total disregard of the interests of the plaintiffs herein whatsoever and finally unlawfully conspiring to grab the land,” said Mr Maina.

Not interested in selling land

On allegations of preluding the process of selling the other parcel of land, Prof Kamar told Justice Elijah Obaga that they have not sold the said land.

She insisted that the plaintiff breached the agreement hence she was no longer interested in selling the land.

The complainant wants the court to allow him to repay all the outstanding loan arrears owed to the interested party, with corresponding order of reimbursement of the same by the defendant and a declaration that he is the lawful and legal owner of that parcel of land.

He also urged the Deputy Registrar of the court to execute the transfer forms, whereof the same be deemed sufficient to effect the transfer of the said land.

Hearing of the case will continue on July 4.

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