Eldoret:Judge Nyakundi withdraws from Sirikwa squatters case involving late Mark Too’s 25,000 acre land!
“I cannot allow my illustrious career spanning more than 35 years to be sullied by this case. And let it be known that I don’t have any interest in this case,” argued Justice Nyakundi.
Justice Reuben Nyakundi -Presiding Judge Eldoret High Court/File
The ongoing legal proceedings around a leadership dispute pitting two
rival groups of Sirikwa squatters in Uasin Gishu County took a new
turn after the Presiding Judge of Eldoret High court Justice Reuben
Nyakundi withdrew his participation from the case.
Justice Nyakundi excused himself from hearing the leadership case when
the matter came before him arguing that the move was meant to save his
name from being maligned by the parties involved in the matter.
He instead directed that the file of the case be placed before Justice
Robert Wananda for further direction going forward since he has no
intention of continuing to hear the squatter’s leadership feud.
“I cannot allow my illustrious career spanning more than 35 years to
be sullied by this case. And let it be known that I don’t have any
interest in this case,” argued Justice Nyakundi.
The more than 1,000 squatters have been fighting with the family of
former powerful Kanu era politician Mark Too over the ownership of the
25,000 acre prime agricultural land where they won the case at the
Court of Appeal that sat in Kisumu in November last year.
Aggrieved by the landmark ruling, the embattled Too’s family moved to
the Supreme Court against Court of Appeal’s decision to award them a
paltry 67 acres out of the 25,000 acres that is at the centre of
dispute.
The Supreme Court is yet to deliver its verdict on the case.
Justice Nyakundi told the warring parties in the matter to stop
dragging his name in the land matter and asked those with problem with
him to go and record their statements to relevant authorities.
“There are 79 other judges in the country and you are free to decide
which court will hear your case and serve justice,” Justice Nyakundi
said as the rival groups listened attentively in court.
Justice Nyakudi’s which took the feuding parties by shock came after a
law firm representing one of rival groups wrote a letter to him
saying their rivals had expressed reservation about his conduct in
handling the long standing land case matter.
The squatter’s leadership wrangles started in 2017 after they won a
landmark property ruling against the late Too who was also a former
Nominated Kanu MP.
The squatter group that won the landmark ownership of the suit of the
multi-billions hilling property is under the chairmanship of Benjamin
Rono.
The other splinter group that is claiming leadership of the 1,000
member squatters is led by David Yego.
According to lawyer William Arusei who is representing the Benjamin
Rono-led Sirikwa squatters group, the leadership has become a circus
with one lawsuit after another.
He has accused the splinter group led by David Yego of using different
law firms to file multiple lawsuits on the same issue.
“Immediately we won ownership of the property right from the High
Court in Eldoret and subsequently at the Court of Appeal in Kisumu,
the leadership tussle start to emerge with David Yego in the
fore-front and we believe this is total abuse of the court process,”
argued Arusei.
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