Justice Athony Ombwayo, sitting at the Eldoret Lands and Environment Court, awarded the multi-billion shilling compensation to the families of Joseph arap Korir and Kiptot arap Sitienei, both deceased.
The two died 10 years ago when the dispute over 1,050 acres of land on the outskirts of Eldoret town was pending in court. The case had been filed on behalf of the two families by Mr Pius Tott, the administrator of the land.
While delivering the ruling, Justice Ombwayo ordered that the government pays the money from the Consolidated Fund. The payout will include cost of the suit.
Two Eldoret families who have been in and out of court for 15 years can finally breathe a sigh of relief after a judge awarded them Sh4.5 billion as compensation for loss of their prime land which hosts Langas Estate.
In a landmark judgment on Friday last week, Justice Athony Ombwayo, sitting at the Eldoret Lands and Environment Court, awarded the multi-billion shilling compensation to the families of Joseph arap Korir and Kiptot arap Sitienei, both deceased.
The two died 10 years ago when the dispute over 1,050 acres of land on the outskirts of Eldoret town was pending in court. The case had been filed on behalf of the two families by Mr Pius Tott, the administrator of the land.
The disputed land, which borders Eldoret National Polytechnic on the Eldoret-Kapsabet highway, is currently known as Langas estate and hosts more than 200,000 residents as well as public and private facilities.
Among the facilities on the land are Langas Police Station, Langas Primary School, a public hospital and a host of private developments.
While delivering the ruling, Justice Ombwayo ordered that the government pays the money from the Consolidated Fund. The payout will include cost of the suit.
“The two families should surrender the title deed to the government as a condition for the compensation,” the judge ordered.
He gave the government the greenlight to process title deeds for residents and public and private facilities on the land.
The Sh4.5 billion compensation values an acre at Sh4.28 million. Earlier, the judge declined to grant a plea by the petitioner to flush out hundreds of families occupying the land.
Doing so would expose the new land owners and institutions to huge losses, he said. “Massive investments have been carried out on the disputed land by the occupants and other public and private institutions. Forceful evictions will have a big impact.”
The World Bank, in partnership with the then municipal council, was forced to halt a planned Sh2 billion slum upgrading project and other developments on the land eight years ago because of the court case.
In 2012, the Eldoret Municipal Council rejected a Sh4 billion compensation claim by the two families.
Justice Ombwayo concurred with Mr Tott that he was the rightful owner of the land since he had the original title, noting that the new occupants had nothing to show to prove ownership of the plots they occupy.
Some of the families have occupied the land for more than 40 years, having bought them through unscrupulous brokers in collaboration with officials of the defunct Eldoret Municipal Council.
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