Reprieve for MP, 90 families as Eldoret Court halts eviction from disputed land

More than 90 families, including the family of Soy Member of Parliament David Kipalgat facing imminent eviction from a disputed 606 piece of land at Nyalilbei farm, Soy in Uasin Gishu County have received reprieve after an Eldoret court stopped their eviction.

Land and Environment court 

Following a motion by distressed families, the Land and Environment Court has ordered the matter to be heard on February 28.

According to an eviction order issued by Justice Hellen Omondi on February 25, 2021, 90 families were to vacate the land in dispute upon issuance of the order.

“An order of permanent injunction is hereby issued restraining defendants, their agents, servants, or any other whatsoever purporting to claim any interest on the portion compromising approximately 609 acres of parcel of land known as Nyalilbel farm,” ordered Justice Hellen Omondi then.

Execute the order

While issuing the order, Justice Omondi had directed Uasin Gishu County police commander to execute the order.

However, the order was not implemented as directed by the court due to what the family of Kachero Ole Makala (deceased) represented by David Ole Soit as the administrator of 606 acres of land in dispute claimed to be a lack of goodwill from executors of the court order.

Certificate of urgency

The delay in implementing the order gave room to area MP who moved to court through application under a certificate of urgency objecting implementation of the order, claiming that more than 90 families were the rightful owners of the said property.

In the application, Mr Kiplagat had applied for litigation of his case as an interested party before implementation of the order.

On May 24, 2022, Justice Eric Ogola dismissed the application by Mr Kiplagat with cost.

Lacked merit 

In his ruling, Justice Ogola noted that the application did not have any merit.

“The application before the court lacks merit and is hereby dismissed with costs,” ruled Justice Ogola.

Upon dismissal of his application, Mr Lagat moved to Land and Environment Court and filed a motion under certificate of urgency through his lawyer Zephania Yego.

In the application, Mr Yego told the court that the defendant had issued a notice of eviction to his clients who are applicants.

Mr Yego told the court that his clients were lawfully owners of the land in a dispute known as LR8213 Nyalilbei farm.

No right or justification

He told the court that the respondent has no right or justification over the said property urging the court to hear the motion on priority claiming that if the eviction orders were granted the plaintiffs would suffer irreparable loss and damages.

In his defense through his lawyer Ledisha Kittony, the defendant told the court that the plaintiffs in the motion were party to the first decree in case number 210 of 1993 which was first ruled in favor of the family of Kachero Ole Makala and 17 others.

The decree stated that 606 acres of the land which was part of 909 acres was lawfully acquired by the Makala family.

The family of Makala stated that they did not have a dispute over 303 acres and they had already started the process of surveying the land for demarcation before the plaintiffs became hostile forcing him to stop the exercise.

Did not see urgency on the matter 

While making the ruling on the application to stop eviction Justice Millicent Odeny directed the matter to be heard on February 28 as she said that the court did not see any urgency in the matter as claimed by the plaintiff's lawyer.

“I have perused through a motion dated 19 January 2024, let the motion served for inter-partes hearing on February 28,” ordered Justice Odeny.