•Sarora Cooperative Society with a membership of 1,500 bought the disputed land in 1965.
•Group chairman Peter Keino and Secretary Mark Kiyeng questioned the EACC move arguing that they had won the case in court giving them ownership of the prime land.
Image: THE STAR
A row is brewing over the ownership of a 100-acre parcel of land in Nandi County after the Ethics and Anti-Corruption Commission (EACC) issued an injunction to halt the transfer of its title deed to members of a cooperative society.
A restriction was registered against Sarora Cooperative Society, parcel of land Nandi\Kipkarren Salient\379 on application by EACC on information supplied by one of the defendants.
“The process of acquiring the title was defective as the property was unalienated government land and therefore cannot be available for any other use,” EACC submissions read in part.
According to documents obtained by the Star, Sarora Cooperative Society with a membership of 1,500 bought the disputed land in 1965.
Group chairman Peter Keino and Secretary Mark Kiyeng questioned the EACC move arguing that they had won the case in court giving them ownership of the prime land.
“We have no debt with anybody. We rightfully bought the land and we have documents to show prove. What we just want is for the caution placed on the property be lifted for us to develop our property,” said Mr Keino.
Mr Kiyech said they were ready to appear before EACC to answer all questions regarding the ownership of the land.
"The cooperative was set to benefit many farmers in the region which has a big potential in coffee farming.
Many people are living in abject poverty when we are in a region with big potential,” said Mr Kiyeng.
The Star established that the disputed land was meant for welfare activities, a coffee mill while and one which had a house was to be a health centre.
The EACC said that the land belonged to the government and therefore not available for private use.
On 10th September, 2021, Sarora Cooperative Society through Tum and Associate’s Advocates wrote to EACC demanding an explanation.
“Our client has been visiting the EACC offices in Eldoret to know why the restriction was registered against the said title but has not been successful," the letter adds.
"Our clients are the registered owners of the property and this is confirmed in a judgement made by a court of competent jurisdiction. Further, an appeal is yet to be heard and determined at the Court of Appeal,” the letter adds.
Sarora Cooperative Society had been sued by Kipkarren Locational Youth Polytechnic, Caleb Murei, Japheth Kosgei, Daniel Ng’etich,Tany Gina Dairy Cooling Limited and Mathew Muge.
Documents seen by press indicates that the suit was heard and determined and judgement was issued in favour of the plaintiff on 23rd April,2020 at the Environment and Land Court in Eldoret.
“A permanent injunction is hereby issued against the defendants jointly and severally barring them from alienating, subdividing, interfering or in any way dealing with the parcel of land known as Sarora Cooperative Society, parcel of land Nandi\Kipkarren Salient\379,” ruled Justice M.A Odeny then.
The members have lamented that they continue to incur expenses in defending itself of the same property.