Kibor wins 22 year Eldoret land case

Jackson Kibor speaking in Eldoret yest. Photo/ Matthew Ndanyi
Jackson Kibor speaking in Eldoret yest. Photo/ Matthew Ndanyi

Prominent Eldoret politician and farmer Jackson Kibor yesterday won a 22-year High Court battle over the ownership of a prime 400 acres of land in the town.

Justice Festus Azangalala has ordered the family of, another prominent farmer, Samwel Rono to vacate the land in 30 days or they will be forcefully evicted.

The farm is valued at more than Sh150 million.

Azangalala who has since been promoted to the Court of Appeal ruled that the family of Rono did not pay Sh22.5 million to purchase the land from Kibor as per the sale agreement they made in 1991.

Kibor through his Lawyer Paul Gicheru argued that he had only received Sh4.9 million from Rono. The court ordered Kibor to pay back Rono the Sh4.9 million.

The court heard that the two had agreed that Rono will get a Sh9 million loan from the Agricultural Finance Corporation to finance the sale.

The loan deal failed and Rono argued in court that he later entered into an oral agreement with Kibor to renegotiate the purchase.

The court however ruled that Rono had no evidence of the oral agreement.

"Even if Rono had satisfactorily demonstrated the existence of an oral agreement between them, such an agreement will not be capable of enforcement by virtue of the provisions in the Land Control Act Section 6 (1) a," said Azangalala.

Azangalala said in his judgement that since Rono did not pay the full sum for the purchase agreement, he was in breach of the agreement and has no basis to remain on the land.


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