• He bought plot from one Jane Kamuren acquired it from the defunct County Council of Baringo
• Kabarnet law court ruled in his favour, saying he is the rightful owner of the plot
Image: JOSEPH KANGOGO
A private developer has defied the National Environment Management Authority’s order stopping construction of buildings in an old cemetery in Marigat, Baringo South.
The local investor, Frank Boiwo, a lawyer by profession, has denied any wrongdoing. He excavated and exhumed human fossils from the “public land”. Boiwo then engaged masons in unlawfully putting up permanent structures at the 50 by 100 feet plot situated opposite Marigat Subcounty Hospital.
According to the land allotment letter dated March 22, 2007, one Jane Kamuren acquired the plot from the defunct County Council of Baringo. The county council minutes say, however, that the claimed owners were cautioned not to carry out any development until they were notified the date they would be shown the specific locations of their plots.
The plots were put on hold to be demarcated, allocated plot numbers and drawn properly to suit the town planning. “So you must wait until you’re granted permission by the office,” the minutes read.
On August 16, Nema Baringo county director Josiah Nyandoro directed Boiwo to provide land ownership documents before planned works could be allowed on the facility. He was also told to produce a certified architectural and structural plan for the proposed development as approved by the Public Health department, physical planner, town engineer and the public works office. Boiwo did not comply.
“He only submitted a fake site architectural drawing stamped by a nameless Marigat subcounty public health officer on August 2, 2019,” Nyandoro said yesterday.
“This is a pure criminal offence that automatically attracts a penalty of a fine of between Sh2 million and Sh4 million or a jail term of between one and four years, or both.”
He cited the Environmental Impact Assessment Audit Regulations of 2003, stating no person should implement a project likely to have a negative impact on the environment unless an assessment has been concluded or licensed.
Boiwo also ignored a stoppage letter written to him by National Land Commission county coordinator Rebecca Maritim on August 7, 2019.
“Reading from the revised development plan for Marigat town number 23 of 2013, the site has been zoned under the existing old cemetery,” the letter reads.
Maritim quoted the Constitution and the Land Act, 2012, saying any land reserved by the commission should not be subject to reallocation or development.”This is total disrespect to the law and the arms of government,” she said, appealing to the relevant authorities to intervene and take charge.
Again, in a letter dated August 12, Marigat subcounty administrator Hellen Juma said the land (plot no. 036 ) is reserved as an old cemetery and not designated for any other use.
“So this office has not made any approvals as it is required before any development is done. The office did not allocate the piece of land to the developer and the number isn’t captured in my records,” she said.
On April 25, Juma filed a case in court, with the Baringo government being the lead plaintiff. She has the full backing of Catherine Kipchoge — the county chief officer for Land, Infrastructure and Urban Development. Kipchoge said she will follow up to reclaim the parcel.
Boiwo swore affidavit claiming he is the rightful owner. On July 16, 2019, Kabarnet senior principal magistrate Paul Biwott ruled in his favour. “I find the application dated April 25, 2019, without merit. It must fail,” he said.
Jane, who relied on the minutes of Feb 28, 2001, CCB-6/2001, said the original plot no. 48, which comprised the old cemetery land, was subdivided into 20 pieces of plots, 50 by 100-feet each.
“I then bought the plot number 36 immediately from her [Jane] on March 30, 2007, at Sh600,000 in cash,” Boiwo said. The sale agreement was signed and stamped by the then Marigat Perkerra sublocation assistant chief. No name was provided.
“I then bought the plot number 36 immediately from her [Jane] on March 30, 2007, at Sh600,000 in cash,” Boiwo said.
The sale agreement was signed and stamped by the then Marigat Perkerra sublocation assistant chief. No name was provided.
(Edited by F'Orieny)