Fresh twist in Mark Too-Sirikwa squatters land tiff

Sirikwa squatters Mark Too fight for 25,000 acres in Eldoret, Uasin Gishu county

Some of the Sirikwa squatters demonstrating at the disputed 25,000 acre-land last year. The squatters are now claiming that powerful individuals in government are now eyeing the property and their lives are in danger.


Photo credit: File | Nation Media Group

What you need to know:

  • The late Mr Too’s family suffered a blow and lost control of the land in dispute following a landmark ruling on November 2022, by the Court of Appeal
  • According to the squatters, already 300 acres of the land has been hived off and is being cultivated, despite a court order
  • Out of the 25,000 acres that the family has claimed, the court only granted it 67.5 acres
  • Appellate court described the acquisition of the land as a “misrepresentation and fraudulent”

The controversy surrounding the ownership of 25,000 acres of land in Eldoret pitting the family of the late Mark Too and Sirikwa squatters has taken a new twist following claims that powerful individuals in government are now eyeing the property.

The plot has thickened further, with the squatters fighting for the piece of land now claiming that their lives are in danger and that they are under duress to abandon their pursuit of the multi-billion property.

According to the squatters, already 300 acres of the land has been hived off and is being cultivated, despite a court order.

Trailed by 'strange' people

The squatters’ officials, through their chairman Benjamin Rono and secretary William Choge, expressed fear over their lives, alleging that strange people have been trailing them for over a month now.

“We are in constant fear and our lives are in imminent danger. We do not know these people who are trailing us,” Mr Choge said.

“We do not know where to run to since the police in the past have failed us. The police are complicit and we have lost faith in them,” Mr Rono told Nation.

“We have met people on streets who rashly tell us our case is going nowhere and that we should drop the matter altogether and forget about the land. It is shocking a stranger can meet you in the street and with unmatched audacity ask you to drop fight for the land which is rightly ours,” he stated.

Too family blow

The late Mr Too’s family suffered a blow and lost control of the land in dispute following a landmark ruling on November 2022, by the Court of Appeal.

Out of the 25,000 acres that the family has claimed, the court only granted it 67.5 acres, with the Appellate court describing the acquisition of the land as a “misrepresentation and fraudulent”.

Earlier on February 9, 2017, the High Court in Eldoret had ruled on the case, in favour of the Sirikwa Squatters Group, prompting Mr Too’s family to appeal.

Forefathers land

In the 2017 ruling, Justice Anthony Ombwayo agreed with the squatters that the property belonged to their forefathers before they were kicked out to give way for the plantations.

The judge had also directed the Too family to retain not less than 67.5 acres from the disputed 25,000 acres.

But the Court of Appeal said there was no basis or justification for the award of the 27 hectares (67.5 acres) to Mr Too, saying the late President Moi's ally was “simply the prime mover in the scheme to swindle Sirikwa of the surrendered land and cannot be described by any stretch of the imagination as an innocent purchaser.”

Mr Too’s family, following the Court of Appeal ruling, moved to the Supreme court over the matter, which is still pending.

No longer feel safe

The Sirikwa squatters’ chairman, speaking in Eldoret said they have been following due process in pursuing the land, but the confrontation on their lives was worrying and they are contemplating abandoning their quest for justice.

“Some of our members no longer come out of their compounds out of fear and if the matter currently before the Supreme Court does not conclude soon, we are not sure if we will pursue it further. We want to live in peace and enjoy our fundamental rights and not this hide and seek,” he said.

The officials said the squatters have now resorted to moving in pairs to enhance personal protection, as well as minimising their movements.

“We are appealing to human rights activists to take up the matter before it is too late. The property tussle is becoming perilous with each passing day,” he said.

The squatters have even petitioned Interior Cabinet Secretary Prof Kithure Kindiki expressing their reservations on the manner the land case has been handled, to no avail.