Group seeks orders to bar institution from 2,500-acre land
By Michael Ollinga
| December 20th 2015
Eighty-nine people from Chebororwa location at the border of Uasin Gishu and Elgeyo-Marakwet counties want the High Court to issue conservatory orders restraining the State from registering a 2,500-acre parcel of land under a learning institution.
The group, led by Mr Kimitei Rotich, had filed a suit accusing Chebororwa Agricultural Training Centre, its board of governors, the Ministry of Agriculture and the Attorney General of illegally taking over ownership of the community land.
According to the members, they were approached by the ministry in 1995 to offer part of the 2,500 acres for the training centre and they gave out 677.5 acres, leaving 1,800 acres for their settlement.
During a hearing at the Eldoret High Court, the plaintiffs’ lawyer Wilson Kipngetich said his clients could likely lose ownership and become squatters after the defendants secretly surveyed it into provisional numbers V.R 2210 and V.R 3047 so as to register it under Chebororwa ATC.
“My clients are aware the suit land is in the final stages of being transferred permanently by the commissioner of lands to the board of governors of the ATC despite being promised they would have their portion registered separately under their names,” said Kipng’etich.
However, the defendants opposed the application, arguing the plaintiffs have neither demonstrated ownership nor possession of the land.
Eldoret Environment and Lands Court Judge Antony Ombwayo gave the defendants 14 days to file and serve a replying affidavit before the case proceeds on January 28, 2016.
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