Firm recovers 640 acres grabbed during poll chaos

A bus company has won a case it had filed to recover its 640 acres that was grabbed during the 2007 post-election violence.

Supreme Court Judges Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung'u and Isaac Lenaola  affirmed a Court of Appeal decision that declared Eldoret Express the registered owners of the land in Trans Nzoia County, ending a 13-year dispute between the firm and Tawai Ltd.

The judges ruled that the appeal by Tawai Limited against findings that Eldoret Express was the land’s owners did not raise questions of public interest to warrant the apex court's intervention.

“The dispute was resolved based on evidence that Eldoret Express are the registered owners of the disputed land. We see no reason of allowing a second appeal by Tawai Limited since there is no question of significance that warrants our intervention,” ruled the judges.

The dispute started in 2008 when the bus company sued Tawai Ltd for occupying the land illegally.

The company’s director,  Samuel Mbugua, said they bought the land in 2000 from Kaitet Tea Estate at a cost of Sh40 million. The company submitted that after paying for the land, they started cultivating it in 2001 and was in quiet occupation until it was taken over by people who were also claiming ownership.

The company claimed that in December 2007, when violence rocked the country as a result of the disputed presidential election, members of the Tawai Limited invaded the land and took possession and that their attempt to be allowed to access the property was frustrated by the violence.

Tawai Ltd claimed they acquired the land in 1974 and that the bus company used fraudulent means to register the title in their name since the person who sold them the land was not the owner.

They denied trespassing on the land, arguing the title which was registered in their name was stolen and that they only became aware of the transfer when Eldoret Express occupied the land.

According to Tawai Ltd, they did not take advantage of the 2007 post-election chaos to snatch the land from Eldoret Express, but were only taking possession of what had been fraudulently taken away from them.

In August 2018, Environment and Land Court Judge Anthony Ombwayo ruled in favour of Tawai Ltd stating Eldoret Express could claim ownership to land whose title was stolen and fraudulently transferred to them.

The Court of Appeal, however, overturned the decision in November 2019, ruling that it was Tawai Ltd that used fraudulent means to evict the bus company from a land they genuinely bought from the registered owner in 2000.

Appellate Judges Asike Makhandia, Patrick Kiage and the late Otieno Odek ruled that it was not possible for Tawai Ltd to have waited for 24 years, from the date they claimed their title had been stolen, to deny Eldoret Express their property.

According to the judges, the circumstances leading to Eldoret Express’ eviction from the land was unfortunate and a mix of greed, opportunism, straight-faced perjury, impunity and a sickening swamp of lies.

Tawai Limited sought to appeal at the Supreme Court but the apex court dismissed their claim ending the 13-year dispute.

The Supreme Court agreed with the Appellate Court that an analysis of the evidence showed Eldoret Express validly acquired the title and that it was Tawai Limited that used misrepresentation of facts to invade the land in 2007.