Eldoret Land Squabble: Ex-Moi Aide Cries Foul Over Sh300 Million Property Auction

Sugut, a close confidante of the late President Daniel arap Moi, claims his 63-acre prime agricultural land, valued at Sh300 million, was illegally auctioned off by ICDC to recover a defaulted Sh10 million loan. The land, registration number L.R No Uasin Gishu/EL-AHRE/40, sits along the busy Kitale-Eldoret highway in Moi’s Bridge Township.

“The past six decades have been a nightmare,” Sugut lamented to Justice Robert Wananda of the Eldoret High Court, accusing ICDC of fraudulent practices in selling the land to Wakarima Investment Company, allegedly associated with businessman Mr. Ruiru.

Sugut, once an escort officer in Moi’s unit, secured the loan 27 years ago to invest in coffee, dairy, cereal, and napier grass farming on the property. The loan agreement stipulated a 60-month repayment period, but when Sugut defaulted, ICDC moved to recover the debt through public auction.

However, Sugut contends that the auction was riddled with irregularities. He accuses ICDC of undervaluing the land, selling it for a paltry Sh7 million to Wakarima, and conducting the auction privately without his knowledge or notification.

“No statutory notice of sale was ever served,” Sugut asserts, challenging the buyer’s claim of a public auction and legal purchase. He further highlights his failure to receive an order he obtained from the High Court to postpone the auction, accusing ICDC of proceeding despite the legal stay.

“Your lord, I urge you to see ICDC’s lack of good faith and enter judgment in my favor,” pleads Sugut, who now battles illness and uses a wheelchair. He seeks a court order reclaiming the property and dismissing Wakarima’s counterclaim alleging trespass and lost investment opportunities due to Sugut’s occupation of the land for over 20 years.

Wakarima, however, paints a different picture. They maintain the purchase was legal, conducted through a public auction after Sugut’s loan default. They demand Sh50 million in compensation for lost profits and accuse Sugut of illegally occupying the land despite a 2020 court ruling in their favor.

“Since 2004, I have been denied access to my rightful property,” states Wakarima in their submission, highlighting their inability to utilize the land for farming despite holding the title deed. They accuse Sugut of defying the court order and illegally cultivating and profiting from the land.

The legal battle, with its conflicting narratives and high stakes, has captivated Eldoret. Justice Wananda’s verdict, expected on May 24, 2024, will not only determine the rightful owner of the contested land but also potentially set a precedent for land acquisition procedures and legal compliance in Kenya