• Through their lawyer F.N Otieno, owners argued that the plan was aimed at preparing grounds to nullify the ownership of the plots.
Image: BARRY SALIL
The Nandi county government has suffered a setback in its bid to repossess some 100 public plots after the High Court issued an injunction against the move.
The order came as a big relief for traders and those claiming ownership of the land.
Justice Mary Odeny of Environment and Lands Court in Eldoret quashed the Nandi county executive committee resolution of June 7 that approved the reclamation of the plots.
The plot owners sued the county through the Nandi branch of the Kenya National Chamber of Commerce through chairman Samuel Seroney.
They asked the court to block the county government from interfering with their investments on the plots. Some claimed to have owned the plots since 1963.
The county government, through acting Lands executive Kiplimo Lagat had issued a public notice asking the plot owners to supply them with ownership documents.
Through their lawyer F.N Otieno, the trader argued that the plan was aimed at preparing grounds to nullify the ownership of the plots.
The High Court stopped Nandi Lands registrar from opening any register or taking any action including fresh certificate of lease or tittles on the plots.
Nandi Governor Stephen Sang said the decision to repossess the plots was aimed at ensuring enough space for expansion of public utilities.
“My government was forced to demolish buildings to get space for the establishment of a High Court because the land that was earmarked for the purpose was grabbed,” Sang said.
Sang said four plot owners who had been allocated part of Kapsabet County Referral Hospital land surrendered the plot for the construction of a new Sh500 million hospital complex.
Deputy President William Ruto in February asked the county government to stop interfering with the landowners, saying it could not solve the current congestion.
He instead asked Sang to identify a 1,000 acres for the construction of a new “smart town” that will be equipped with modern facilities.
Kapsabet faces major shortcomings among them poor sewerage system, a dilapidated urban road network, and perennial water problems.
edited by peter obuya