Squatters cite 'Moi order' in fight over 25,000-acre land

A presidential directive made about 20 years ago is at the core of a court battle over a 25,000-acre tract of land in Uasin Gishu County.

The tussle over ownership of land formerly owned by East African Tanning Extract Company (Eatec) Ltd in Eldoret, took a new twist when more than 800 squatters claimed to have been given the land by the government after the company folded.

The group, which is fighting for the land with former Eatec chairman Mark Too, and Mr David Korir, wants Chief Justice Willy Mutunga to constitute a three-judge-bench to hear and determine their fate in regard to the land.

Through their lawyer William Arusei, the Sirikwa Squatters have asked the High Court in Eldoret to reject any evidence disregarding them as the true owners of the vast land.

They say in court documents that retired President Daniel arap Moi allocated them the land in 1998, through a presidential decree.

They simply wanted to get back what was theirs, argues their lawyer.

But their claim has been opposed by the respondents, who want the application dismissed with costs, saying it did not meet the threshold to be forwarded to the CJ.

TOO'S CLAIM

In his rejoinder, Mr Too says he bought the vast farm from Lonrho Agri-Business East Africa Ltd and was issued with the necessary title documents by the Lands ministry.

He says he paid the full consideration for the purchase of land and applied for the Land Control Board consent for transfer of the said parcels.

He adds that he had several nominees who were to benefit from the parcel of land and they have obtained titles to their portions.

In requesting for a bigger bench, Mr Arusei told Justice Cecilia Githua that the petition raises substantial points of law and was of great public interest.

“The petitioners, having been allocated the land by the government under the leadership of Mr Moi and proper structural documentation done by the Commissioner of Lands, should not be compromised by individuals who want to benefit from their own illegitimacy,” he argues.

The case was filed in 2007 and has so far been heard by seven judges without straightforward directions given.

The squatters allege that an illegality has been committed in stripping them of ownership of the land that was allocated to them on Mr Moi’s orders.

A letter dated July 17, 2007 from the Commissioner of Lands to the Attorney-General says that the allocation of the 25,000 acres by Mr Moi to Sirikwa Squatters still stands.

The Commissioner of Lands further told the AG that he had no objection to the formalisation of the squatters’ occupation of the land, which borders the Eldoret Airport in Uasin Gishu County, provided that normal due legal process was done.

“We have a paper trail presented before court from the Ministry of Lands, both at the national and district levels, as well as from Eatec, pointing to the process that was followed to allocate the land to the squatters,” Mr Arusei told the court.

The court will make a ruling on Friday.