The National Land Commission (NLC) yesterday suffered a setback after the High Court in Kisumu quashed its decision to allow a group of farmers from Nandi County to claim ownership of a disputed prime land in Nyando sugar belt.
The land in question has been at the centre of a controversy, with Nandi and Kisumu counties claiming its ownership. The contested parcel is where State-owned millers Chemelil, Miwani and Muhoroni sugar factories are built.
Governor Anyang’ Nyong’o’s administration had moved to court to block NLC from implementing a gazette notice after it alienated the parcel, following claims of historical injustices lodged by a group of farmers from Nandi County through their Nyando Valley Association.
The group had, in their presentation to the NLC last year, sought to reclaim the land with registration number LR NO 11840, saying it belonged to their ancestors.
The commission had allowed their petition and referred it to the National Privatisation Commission. Yesterday, Justice Fred Ochieng criticised NLC for failing to give the county government an opportunity to be heard over its ownership claims.
“As no such opportunity was accorded to the petitioner (Kisumu County), the decision arrived as at is hereby quashed,” ruled Justice Ochieng.
The county government also accused NLC of altering the boundaries of Kisumu and Nandi counties.