High Court Dismisses Petition Filed by Kibor Family Members in Land Dispute Case
This ruling paves the way for the full hearing and determination of the criminal case against Nancy Talai, Margaret Talai, Lydia Talai, Simon Talai, Philemon Kiptoo, and Collins Talai (a military officer)
From right_Nancy Talai, Margret Talai,Lydia Talai,Simon Talai,Philemon Kiptoo and Collins Talai (KDF officer) in Eldoret court.
Justice Robert Wananda of the Eldoret High Court has dismissed a petition filed by six family members of the late Paramount Chief Kibor arap Talai, including a Kenya Defense Force Officer. The petition sought to halt the hearing of a criminal case against them in a lower court regarding a Ksh 3.5 billion land dispute with Kapseret MP Oscar Sudi.
This ruling paves the way for the full hearing and determination of the criminal case against Nancy Talai, Margaret Talai, Lydia Talai, Simon Talai, Philemon Kiptoo, and Collins Talai (a military officer) in the magistrate’s court.
The family members were accused of destroying property on March 22, 2023, on a section of a 2,000-acre piece of land opposite Moi University campus in Uasin Gishu County. The charge sheet stated that they unlawfully damaged fencing poles and barbed wire valued at Ksh 674,375, belonging to Eunice Talai, the widow of the late Paramount Chief.
In his ruling, Justice Wananda stated that he was not convinced by the petitioners’ arguments for quashing the criminal case. He found insufficient evidence to demonstrate “malice or impropriety” in the decision to charge them at the lower court.
The petition stemmed from Eunice Talai taking her sister-in-law, Nancy Talai, and her co-accused to court for malicious damage to her property. Nancy Talai, acting on behalf of her co-accused, argued that the accusation was unfounded and that Eunice Talai was acting in bad faith.
Eunice Talai, in the lower court case, accused her in-laws of destroying her property with the intent to displace her from the land. The defendants, however, countered that Eunice Talai had illegally sold part of the family property to MP Sudi without the knowledge or consent of Nancy Talai, the administrator of the estate.
With the dismissal of the petition, the criminal case against the Kibor family members will now proceed in the magistrate’s court.
About Author
