Eldoret Court Ends 30-Year Land Dispute, Families Reclaim Ancestral Land
Delivering his ruling, Justice Elijah Obaga found that Peter Boisio Ngetich, Joseph Arap Cheruiyot, John Kimeli, and Alexander Akwei Too had unlawfully subdivided the land after June 18, 2022.
Kapnoo Farm Members, Led by Chairman Wilson Busienei, Celebrate Court Victory Restoring Their Land After a 30-Year Legal Battle
In a landmark ruling, the High Court in Eldoret has delivered justice to 19 families after a protracted legal battle spanning over three decades. The case, which revolved around ownership of a disputed 95-acre parcel of land, has caused immense suffering to families led by Wilson Busienei, Kiptoo Arap Koech, Kimeli Arap Bwalei, and Edward Kiplimo Rotich.
The dispute, registered as Case No. E044 of 2021, centered on land originally part of a 445-acre property owned by John Hughes, tracing back to the precolonial era. The contested land had been acquired by the government, forming part of the Municipal Council of Eldoret and Kenya Pipeline infrastructure.
Delivering his ruling, Justice Elijah Obaga found that Peter Boisio Ngetich, Joseph Arap Cheruiyot, John Kimeli, and Alexander Akwei Too had unlawfully subdivided the land after June 18, 2022. The court nullified all resulting titles, including those registered as IR Numbers 105580 to 105590, as well as any subdivisions originating from parcels 8822, 8637, and 6617.
“The subdivisions effected by the defendants are hereby declared null and void,” ruled Justice Obaga. “Parcel 8822/2, measuring 95 acres, alongside the remainder of LR No. 8637 and 6617, belongs to the rightful beneficiaries.”
Additionally, the court allocated three acres for road access, 0.25 acres for a cemetery, 1.50 acres for a dam, and one acre for a church or nursery school. Justice Obaga also issued a permanent injunction restraining the defendants from transferring, alienating or leasing the said land which part of it underwent acquisition by the government and the Municipal Council of Eldoret.
Families Rejoice After Decades of Legal Struggle
Addressing the media after the ruling, Wilson Busienei, the current chair of the affected families, lauded the court’s decision, expressing relief that justice had finally prevailed.
“We could not even erect a fence on this land because it was repeatedly sold off by some of the defendants,” Busienei stated. “They have benefited financially for years, but today, justice has been served. We are committed to ensuring the ruling is implemented peacefully and that everyone gets their rightful share.”
Busienei acknowledged the critical role women played in the fight for justice, stepping up to advocate for the land after the passing of their elderly fathers who had originally purchased it from Hughes.
Edward Kiplimo Rotich, one of the plaintiffs, lamented the years of hardship endured by the families, stating, “For decades, we couldn’t utilize our land. Our livestock perished, and we were left in financial ruin because of the legal battles.”
Another beneficiary, Rodah Chemutai Bitok, recalled the emotional weight of the struggle. “I was a young girl when our fathers, dressed in blankets, bought this land. I got married here, and even when my husband passed away, he urged me to stay the course in reclaiming our rightful inheritance.”
Following the ruling, the families broke into songs and dances, celebrating the long-overdue justice that will now unlock economic opportunities on the land they have fought tirelessly to reclaim.
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