Sisiwa Family Secures KSh 2.95 Billion for Historic Land Injustice as Huruma Ward Battles Raiply Over Public Land
Governor Jonathan Bii, through the Uasin Gishu County Government, issued a seven-day ultimatum to Raiply to remove the fence, which expired without compliance
L.R. 772/4/2, Huruma Estate, Eldoret: A 100-acre public land parcel, historically acquired in 1978, now contested by Raiply Company
A landmark 2017 ruling by the Environment and Land Court in Eldoret, which awarded the estate of the late Malakwen Arap Sisiwa KSh 2.95 billion for a 1978 compulsory land acquisition, has taken on new significance as a fresh land dispute unfolds in Huruma Ward, Uasin Gishu County. The contested land, part of the same L.R. 772/4/2 parcel historically acquired for public use, is now at the center of allegations of land grabbing by Raiply Company, prompting outrage from residents, community leaders, and human rights activists.
Background of the Sisiwa Case
In National Land Commission v Estate of Sisiwa Arap Malakwen & Another (2017), the court addressed a decades-old injustice involving the compulsory acquisition of 100 acres of prime land in Huruma Estate, Eldoret, by the Kenyan government in 1978. The land, acquired under Section 19(2) of the repealed Compulsory Acquisition Act, was used for critical public infrastructure, including the Huruma Sub-County Hospital, Kenya-Uganda Road, an oil pipeline, sewerage access, and recreational grounds. Despite a government caveat registered on September 7, 1978, the Sisiwa family, the legal owners, received no compensation, violating their rights under Article 40 of the Constitution and Section 75 of the repealed Constitution.
The National Land Commission (NLC) initiated the case following a 2014 demand letter from Musa Sisiwa, an estate administrator. The court confirmed the family’s ownership, rejected a fraudulent parallel title held by Rural Housing Estates Limited, and awarded KSh 2.85 billion for the land’s value, KSh 100 million for 36 years of lost use, and KSh 7 million for valuation costs, totaling KSh 2.95 billion. Justice A. Ombwayo noted, “The Sisiwa family’s journey seeking justice, which began over 36 years ago, has now come to an end.”
New Dispute: Raiply Company Accused of Land Grabbing
The Sisiwa case has resurfaced in public discourse as Huruma Ward residents accuse Raiply Company of illegally fencing off a portion of the same L.R. 772/4/2 land, historically designated for community use. During a heated public participation forum at Huruma Grounds, Huruma Ward MCA Wakili Kimani Wanjohi led the charge, alleging that Raiply’s actions constitute land grabbing.
“We were born and raised on this land. It was community property, used for public benefit for decades,” Wanjohi declared. He highlighted the legacy of Malakwen Arap Sisiwa, who donated parts of the land without compensation for public projects, including the MCA’s office and recreational grounds. “This man gave his land freely for the community. Who sold it to Raiply, and under what circumstances?”
Wanjohi noted that the land was compulsorily acquired in 1978 via Gazette Notices 1458 and 1459, with a caveat ensuring its public use. He questioned Raiply’s claim, pointing out that municipal enforcement officers fled when confronted, suggesting awareness of the land’s public status.
Community Demands and Ultimatum
Governor Jonathan Bii, through the Uasin Gishu County Government, issued a seven-day ultimatum to Raiply to remove the fence, which expired without compliance. “This is defiance, and we will not stand for it,” Wanjohi said, vowing to fight until the land is returned.
Residents, frustrated by the lack of action, have threatened to remove the fence themselves by the following Tuesday if the government does not intervene. Local elder Psalms Sunguti challenged Raiply to produce documentation: “Show us the offer letter, acceptance, allotment, lease title, and receipts from 1994. Without these, they have no claim.”
Concerns have also arisen over reports of a church negotiating to acquire the land. “Once a church takes it, reclaiming it will be harder. They’ll hide behind religion,” Wanjohi warned, cautioning potential buyers to proceed at their own risk.
Human Rights and Broader Implications
Human rights advocate Evans Odhiambo condemned the dispute as part of a broader pattern of land grabbing targeting marginalized communities. “There’s too much corruption in the land sector. The rich use connections to grab community land. This was our space for football, meetings, and gatherings—we won’t let Raiply take it,” he said. Odhiambo emphasized the land’s historical role as a community hub, echoing sentiments from the 2017 Sisiwa case.
The Eldoret Bunge Speaker supported the community’s cause, stating, “This is a government utility. Raiply must surrender the land. We stand with our MCA and the people of Huruma.”
Hubz Media’s 2017 analysis underscores the systemic nature of such disputes, noting that Eldoret is a hotspot for historical land injustices, with over 3,000 claims under NLC review at the time. The Sisiwa case and the current Raiply dispute highlight ongoing challenges in Kenya’s land governance, including fraudulent titles and inadequate compensation for public acquisitions.
Legal and Historical Context
The 2017 ruling clarified that the Sisiwa family’s land was legally acquired but not compensated, with fraudulent transactions involving Rural Housing Estates Limited uncovered. A 2000 directive from the Commissioner of Lands restricted transactions on the land after confirming Malakwen Arap Sisiwa’s non-involvement in its transfer, further supporting the community’s claim to its public status.
The NLC’s role in addressing historical injustices, as mandated by Article 67 of the Constitution, remains critical. However, Hubz Media reports that budgetary constraints and bureaucratic delays often hinder compensation and resolution, a concern echoed in the Raiply dispute.
Voices from the Community
Hassan Sisiwa, an estate administrator, reflected on the 2017 victory: “The ruling restored our faith in justice. Now, we stand with Huruma residents to protect this land for the community, as our father intended.”
Getrude Angote, NLC counsel in the 2017 case, reiterated the commission’s commitment: “We are dedicated to correcting past wrongs and ensuring public land serves its intended purpose.”
As residents await government intervention, the Sisiwa case serves as a precedent for justice in historical land disputes. However, the community’s ultimatum signals growing impatience, raising the stakes for a swift resolution.
“This judgment was a milestone, but the fight continues,” said Kipnyekwei, counsel for the Sisiwa family in 2017. “The government must act to protect Huruma’s public land and uphold the legacy of Malakwen Arap Sisiwa.”
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