Court rules Mark Too’s family has rights to 25,000 acres near Eldoret airport

More than 3,000 squatters must vacate after the family of former Kanu politician Mark Too (deceased) won a Supreme Court battle over ownership of 25,000 prime acres near Eldoret International Airport.

The squatters have been in courts for more than a decade fighting for the land but the Supreme Court judges dealt them a blow after ruling that they did not have legitimate expectations to own or be allocated the land.

The squatters declined to comment after the court decision signed by Chief Justice Martha Koome permanently barred them from accessing or interfering with the land.

It’s end of the road for the squatters who were operating under the Sirikwa Squatters Group.

Too's widow Sophie said after the ruling on Friday the Supreme Court had exposed the truth on the land dispute that has been running for years.

"We thank God the truth has finally come out and we are grateful to the judges for the decision," Sophie said.

Sophie who spoke to the Star on the phone from abroad said all along, there had been no squatters on the land, as noted by the Supreme Court.

She said the family had not had peace since the death of Too seven years ago because of the issue.

Part of the land the squatters were claiming included the home where Too was buried.

Sophie clarified that of the 25,000 acres entire family occupies only 2,000 acres with the rest owned by other individuals and institutions.

"This matter was blown up because of Too's name but he will now rest in peace because of the truth that has come out," Sophie said.

Sophie said the Supreme Court's decision was a double blessing for her after her youngest daughter Sharon gave birth to a child a few hours before the court decision.

"We will have a thanksgiving event before the end of the year because for sure God loves us and stands for the truth," Sophie said.

Koome made the decision on the land alongside six other judges including Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and William Ouko.

"The first respondent herein, Sirikwa Squatters Group, its agents, members, servants, employees and/or representatives are hereby permanently restrained from entering, taking possession of, and in any other manner interfering with Fanikiwa’s (the 1st appellant) quiet possession of the suit properties," the judgment read.

The court ruled that members of the Sirikwa Group were not squatters on the prime and.

The squatters had won long-running cases at the lower courts including at the Court of Appeal but Mark Too's family members moved to the Supreme Court.

The court ruled that Too's family was not given a fair hearing by the lower courts. Too's widows Mary and Sophie filed the appeal at the Supreme Court and will now take full charge of the prime land.

The dispute dates back to 2012 when Sirikwa Squatters Group sued the late Too for illegally taking over their land.

In 2017, High Court judge Anthony Ombwayo ruled in their favour and cancelled Too’s titles ordering the squatters be given the land.

The judge agreed with the squatters that the property belonged to their forefathers before they were kicked out.

Aggrieved, the Too family under Fanikiwa Limited appealed but the Court of Appeal affirmed the High Court's decision.

The appellate court in its findings said the late President Daniel Arap Moi's ally was “simply the prime mover in the scheme to swindle the Sirikwa of the surrendered land and cannot be described by any stretch of the imagination as an innocent purchaser.”

“Having found that Too was part and parcel of the fraudulent allocation and transfer, to himself and Fanikiwa of the parcels of land that were expressly surrendered for settlement of the Sirikwa squatters, we find no basis or justification for the award of the acres to Too.”

But lawyer Fred Ngatia, for the family, in his submissions before the Supreme Court said there was no evidence that he transferred it to himself, but instead he bought it.