The government has been allowed to proceed with the construction of affordable housing units on a parcel of land in Kericho town that is being claimed by members of the Talai Clan, pending the determination of a petition they have filed.
Justice Mary Oundo lifted the order blocking the National Housing Corporation (NHC) from constructing the houses, saying clan members can remain on the portion they currently occupy as the contractor starts phase one of the project on the other portion.
“That the interim orders of status quo issued on the 11th October 2023, is herein vacated but shall and is hereby substituted with the order that the Respondent (NHC) and the contractor proceed with phase one of construction of the housing units, while the applicants herein remain on the suit land, pending the determination of the instant suit,” said the judge.
The community through its leaders David Kiprono Lang’at and Ng’eno Kenet submitted that they have occupied the approximately eight-acre parcel of land for 60 years and the government was seeking to forcibly take it from them. They claimed that the land was reserved for the community in 1991 by the Commissioner of Lands.
The Environment and Land Court judge heard that the State entered the parcel on October 9, 2023, and started clearing the area with the intention of demolishing their houses to construct the affordable housing units.
Mr Lang’at said that they were apprehensive that title would be issued in favour of third parties to the detriment of the members of the Talai Community who had been internally displaced and resettled on the suit land.
In opposing the case, the government said a contract had already been awarded to develop housing units, for a sum of Sh283.4 million.
The court heard that the construction of the houses is to be completed in 52 weeks and the contractor took possession of the suit land on September 27, 2023 and the project was initially set to commence in October 2023 but it was halted by the court order.
The judge was informed that the contractor had furnished the NHC with a performance bond of 10 percent of the contract sum and provided insurance for the work.
The judge said a report prepared by the deputy registrar of the court observed that some clan members were in occupation of part of the land that will not be affected by phase one of the construction of the housing units.
