Swazuri visits conflict-torn Ben-Moi farm in Uasin Gishu, urges squatters to respect eviction order

EDORET: The National Land Commission (NLC) has called on individuals that had settled in the expansive Ben-Moi farm in Uasin Gishu where one person was killed last week to respect court ruling directing their eviction.

NLC chairperson Mohammed Swazuri who on Sunday toured the land to ascertain losses incurred from conflicts between the land owner and alleged squatters said the court directive must be respected to achieve peaceful coexistence.

"Police that were confronted by the squatters were merely effecting a court order. The squatters must respect the directive since they failed to prove their ownership or challenge it the order though legal procedures and not destruction of property," said Swazuri.

Over three hundred squatters who say they have stayed in the farm since 1948 confronted policemen who had come to evict them last Wednesday in an incident that resulted to the death of one person and injuring of a police officer.

Farm machinery and vehicles estimated to be worth over sh15 million were burnt down by the squatters an incident which prompted angry area residents to side with policemen in the eviction exercise where they overpowered the squatters and burnt down over 50 houses.

Kiptoo Kibogy heir to the late Jonathan Kibogy who leased the land in the 1980s and the squatters have been in court since 1991 in a bid to find a solution to ownership disputes though confrontations outside the court have continued.

Evicted individuals claim they need to be allocated a portion from the 2098 acre block of land in dispute, though Kiptoo insists his father rightfully purchased the land and cannot be compelled on what to do with their personal property.

"We have been in court severally and they have subsequently filed appeals and lost in all attempts. The court approved us as the rightful owners and I am appalled these people continue to destroy our property making it difficult for us to access the land for development, "Kiptoo explained.

Swazuri who was accompanied by Commissioner Samuel Tororei of NLC said the commission has no authority over the court ruling which he urged both parties to uphold.

"The court made a decision after their lengthy hearings and issued the ruling that favoured the Kibogy family, NLC no mandate to challenge a court decision and what is sad that there continues to be loss and damage of property because one party wasn't satisfied with the ruling, "he added.

The chairperson discouraged damage of property from either conflicting sides saying it is an ignition of violence, urging dissatisfied parties to consider amicable alternative resolution processes to end the stalemate.

"Several houses were burnt down, children's books burnt, and farm machinery and vehicles destroyed. This is not good for development and harmony and we have begun probing into the matter and will give a full report on June 11th," he explained.

He added that: "The law is clear, section 40 of the Constitution underlines protection of private property, this land is a massive investment and if there is no peace no development will be made."

Swazuri further stated that the squatters have not made any application to the commission to be classified as landless and advised them to do so to get assistance.