Former politician takes six sons to court for 'grabbing' his 1,250 acres
By Michael Ollinga
| May 23rd 2016
Prominent Uasin Gishu farmer and politician Jackson Kibor has moved to court to bar the transfer of 1,250 acres to his sons, 20 years after sub-division of the parcel.
In an application filed at the Eldoret Environment and Land Court, Mr Kibor has accused 20 parties, including his six sons, of fraudulently sub-dividing and processing titles for his land (LR No. 8300 and 8301) measuring 1,547 acres.
Kibor says that he is still the owner of the entire parcel which he alleges was illegally sub-divided and registered at Uasin Gishu County Land Registry as SOY/KAPSANG Block 10 (Samitoi) 1-20.
According to the plaintiff, the defendants illegally and fraudulently acquired his land and unprocedurally consolidated the two parcels before sub-dividing them and obtaining invalid titles.
Kibor also accuses the defendants of continuing to trespass, encroach and develop the land, neglecting an order from the District Land Registrar requiring them to vacate and to surrender the invalid titles.
He says in the plaint dated April 25, 2016 that the situation has caused him irreparable damage and asked the court to direct the county’s land registrar to nullify and cancel the alleged unlawful consolidation, sub-division, registration and issuance of titles.
He is also seeking an order of permanent injunction on the suit land, eviction of defendants, compensation for general damages for trespass and that the defendants pay the costs of the suit.
His sons Elkana Kipleting, Evans Kipkosgei, Ezekiel Kipng’etich, Eric Kipchumba, Raymond Kibitok and Edwin Kipkoech are the 11th, 12th, 13th, 14th, 15th and 18th defendants.
The six, who are Kibor’s children with his second wife, have strongly denied the allegations.
In replying affidavits and statements of defence received in the court on May 12, 2016, they denied all accusations raised by their father.
Mr Kibitok has held that he is the legal owner of land parcel SOY/KAPSANG BLOCK 10 (SAMITOI) 17 which was carved out of LR No. 8300 and 8301 by his father.
“The registered parcels were registered under the Registered Titles Act and in 1994 my father applied for consolidation and conversion of the said titles under the Registered Lands Act to facilitate sub-division and distribution of the land in favour of the 1st to 9th and 11th to 18th defendants,” reads part of Kibitok’s affidavit.
Kibitok, who was allocated 250 acres, says the process of sub-division was done by the director of survey in a process that ended in December 2, 1994 and was initiated by his father.
“There was neither undue influence nor shrouding of legal process. By then the 11th to the 15th and 18th defendants had just attained the age of majority and he signed the transfers on their behalf,” added Kibitok.
Kipruto Malel, Samuel Kiprono, Tanguar Suge, Serei Lelnengit, Chelulei Keino, Wesley Sambai, Wilson Kogo, Kiprotich Kibiwott and Gideon Chemiron the 1st to 9th defendants in the matter were long-serving servants of Kibor whom he gave five acres each.
According to Kibitok, his father also allocated 20 acres to Samitoi Girls Secondary School, one acre to Seiyo PMCA Church and 22 acres for the construction of a dam. He retained 235 acres, which he registered as Kesenche A and Kesenche B.
A statement of defence by Zechariah Yego, counsel for the 13th defendant Ezekiel and his late brother Edwin who got 200 acres each, denied the allegations by Kibor.
He stated that the latter voluntarily surrendered the title of the mother parcel to the chief land registrar and Uasin Gishu County, the 19th and 20th defendants, to facilitate sub-division.
“It is fraud to purport that title deeds held by the 1st-9th and 11th -18th defendants were irregularly issued yet the plaintiff personally sub-divided the parcel LR No. 8300 and 8301. He is feigning amnesia to state the original title was lost with the intention to dispossess the said defendants what he willfully granted them,” reads part of the defence statement.
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