West Pokot Orwa Ranch Scandal:Land Fraud Case Heads to Full Trial After Mediation Fails
The Orwa Ranch dispute highlights the broader issues of land injustices and fraudulent adjudication processes in West Pokot County.
Kapenguria Law Courts Chief Magistrate Bernard Odengo to Preside Over Orwa Ranch Fraud Trial as Mediation Efforts Collapse
A Kapenguria court has directed that a long-standing land dispute concerning Orwa Ranch, previously referred for mediation, proceed to a full hearing on January 16, 2025. The ruling was issued on Monday by Chief Magistrate Bernard Odengo in the case of Republic vs. Simon Ngolekong Merii and Nine Others (Case No. E1006/2021).
The dispute, which involves claims of fraud and mismanagement, centers on the subdivision and alleged misallocation of the Orwa Ranch land and related financial transactions. “The mediation process has unfortunately failed to yield an agreement between the disputing parties, necessitating a judicial hearing to resolve the matter comprehensively,” Magistrate Odengo declared.
Case Background
The case was first referred to mediation on September 23, 2024, with the hope of settling disputes regarding the subdivision of Orwa Ranch. Allegations include the creation of false documents, obtaining registration by false pretenses, and the unlawful distribution of KETRACO funds—reportedly amounting to Ksh 34 million—among non-bona fide beneficiaries.
The disputed parcels, under three title deeds, are alleged to have been improperly subdivided by individuals, including adjudication officers and members of the land survey committees. The Kenya Electricity Transmission Company (KETRACO) funds, intended for easement compensation for the ranch land, have also sparked claims of misappropriation.
Allegations of Fraud and Misconduct
The dispute has unearthed allegations of systemic fraud involving key figures in the land adjudication process, including surveyors, county land officials, and group representatives. The Criminal Investigations Report highlighted irregularities but has not yet resulted in arrests of all implicated parties.
Community members claim that the land adjudication officers acted with impunity, secretly entering community lands not declared as adjudication sections, and allocating them to their allies. “The Orwa Ranch land was never properly declared for adjudication. The subdivision was carried out in secrecy and favored a select group,” said Jackson Lokwen a community leader.
Concerns over similar practices have been raised in other areas of West Pokot County, such as Masop Location in Lomut Ward and Muino Location Adjudication Area. “We are witnessing a troubling pattern where public land is being privatized under dubious circumstances,” the leader added.
Court Documents and Judicial Review
The judicial review, filed in 2019 under Republic vs. The Cabinet Secretary for Lands & Others (ELC Judicial Review No. 5 of 2019), seeks to overturn decisions made by the Orwa Group Ranch representatives and the Registrar of Group Representatives.
The applicants in the judicial review case allege that:
- The 2016 incorporation certificate issued to the current Orwa Ranch representatives was illegal, following the repeal of the Land (Group Representatives) Act, Cap 287.
- Funds received from KETRACO, amounting to Ksh 38 million, remain unaccounted for.
- Bona fide members of the ranch were excluded from decision-making processes.
The applicants have called for an injunction to halt any further transactions or subdivisions of the disputed land until the case is resolved.
Implications for Land Justice
The Orwa Ranch dispute highlights the broader issues of land injustices and fraudulent adjudication processes in West Pokot County. Instances such as double or triple allocations of land in areas like Endugh Location Adjudication Section and the unlawful issuance of title deeds in Katikomor Group Ranch have raised alarms about systemic failures.
“We cannot allow such blatant disregard for the law to continue. Land is a critical resource for the community, and its mismanagement has long-term consequences,” said Kimutai Kirui a Human Rights activist representing the community.
The court’s ruling to proceed with the case signals a pivotal step toward resolving the dispute and addressing the broader issues of land governance in the region. The January 16, 2025 hearing is expected to shed light on the intricacies of the case, as well as hold those involved accountable for their actions.
Conclusion
As the matter moves to a full hearing, the focus will be on the judiciary’s ability to provide a resolution that upholds justice and restores faith in the land adjudication process. The residents of Orwa Ranch and neighboring communities are hopeful for a landmark decision that will not only resolve their grievances but also set a precedent for land governance reforms across the county.
“Justice delayed is justice denied. We look forward to the day when fairness will prevail, and the rightful owners of this land will be restored,” said Jackson Lokwen.
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