Mark Too's widow clarifies 25,000-acre land ownership

Some of the residents who say they bought the land from EATEC during a meeting in Eldoret on Friday, March 3, 2017. /MATHEWS NDANYI
Some of the residents who say they bought the land from EATEC during a meeting in Eldoret on Friday, March 3, 2017. /MATHEWS NDANYI

Mark Too's widow Sophie has moved to clarify details on a disputed 25,000-acre piece of land as the family takes the matter to the Court of Appeal.

More than 3,000 squatters sued Too and the Commissioner of Lands over ownership of the parcel.

Last month, they won a High Court case where they were declared the rightful owners of the parcel. The court ruled that Too's family would only get 60 acres.

The order also saw the cancellation of title deeds for Moi University and Eldoret International Airport.

In total, 14,822 title deeds will be revoked as the order affects more than 200,000 people living on the land.

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Sophie said after the ruling that the media has been erroneously reporting that the entire parcel belonged to the late MP.

"Too bought 2,000 acres and registered it under Fanikiwa Limited. All the other 23,000 acres belong to different people and institutions, including Moi University and the Eldoret Airport," she added.

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She said Too was sued by the squatters because he previously worked at East African Tanning and Extract Company, a subsidiary of Lonrho East Africa.

"The company initially owned all the land then sold it to many individuals and firms," she said.

Sophie explained that part of Too’s land registered as EATEC/9608 was affected by the court order.

The land belonging to the airport is registered as 9606 and 9607 and 745, which is also listed in the court ruling as part of the title deeds to be cancelled.

Moi University's land measuring more than 4,300 acres is also listed among title deeds to be revoked and is registered as number 10794.

The university was established in the area following orders by Moi in 1984, while the airport was put up in 1997 on the same land at a cost of more than Sh4 Billion.

"This land is a big issue and it’s not good that journalists and other people should sensationalise the matter by always writing that Too owned the entire 25,000 acres yet that is not true," Sophie said.

"My clients are dissatisfied with the ruling and we will appeal," said Too family lawyer Kham Lagat said on Friday.

He spoke at Ngara Falls, Eldoret after a meeting of residents who said they purchased the land over 17 years ago.

The clients are led by Eldoret South MP Jesse Mais, Kipyegon Sawe, Henry Kebenei Joel Matahana, and Wilson Maiyo.

Mark Too died on December 31 and was buried on his farm on January 9 on the land near the airport.

High Court judge Anthony Obwayo had on February 8 ruled that the land belongs to squatters.

They said the land was allocated to them by the government during retired President Daniel Moi’s administration.

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