Lands court sets date to rule on Kamar's property dispute


Lands court sets date to rule on Kamar's property dispute. [iStockphoto]

The Lands Court in Eldoret will deliver the verdict on the Sh200 million property dispute, pitting a prominent trader and a company associated with Nominated Senator Margaret Kamar and her daughter.

Justice Elijah Obaga has set March 14 as the ruling date on who is the legal owner of the two prime parcels of land measuring 50.3 hectares.

Wilson arap Maina, the plaintiff in the matter, has been battling for the property over the last six years with Prof Kamar and her daughter, Maria Soti, over the multi-million shillings property.

Maina, who is the younger brother of the late former State House Comptroller Abraham Kiptanui, took the Nominated senator and her daughter to court on allegations that they refused to transfer to him the two prime parcels of land he bought from them through his company, Kobilo Farm Limited.

The disputed parcels of land located in Moiben Sub County, Uasin Gishu county, along the Eldoret-Iten highway are Sergoit/Koiwoptaoi/13/9 measuring 36.7 hectares and Sergoit Koiwoptaoi/14/4 measuring 13.6 hectares.

In his testimony before Justice Obaga, Maina said he entered into a sale agreement with the senator and her daughter on July 9, 2018, on the said parcels of land.

He told court that he met his end of the bargain after paying Sh194 million and remained with a balance of Sh6 million, which he was to clear upon the two defendants surrendering the said suit property to his company.

Maina said the defendants in the matter, however, refused to transfer the property forcing him to seek legal redress.

He further told the court that he was unable to access and utilise the property since he purchased it after the defendants refused to submit to him the original title deed, Kenya Revenue Authority PIN, clearance certificate and valid rates, among other crucial documents.

“I want this court to compel the defendants to effect the transfer of the said suit property immediately by supplying discharge of charge, certificate of incorporation, their copies of identity cards and passports,” argued Maina.

The court heard that the plaintiff entered into the transaction agreement with the defendants through their shareholding company, Elfarm Limited.

Maina told the Judge that he was shocked to learn that the senator had used the disputed property as security to secure a Sh22 million from the Commodities Fund, which she was yet to repay.

But Kamar dismissed claims by Maina that she had gone against the transaction agreement and instead accused him of refusing to pay the remaining balance. 

The Nominated senator also faulted the plaintiff for going against the sale agreement concerning the servicing of the said loan.

She told the court that to the best of her knowledge, she was still the legal owner of the parcels of land arguing that at no time had she transferred the same to Maina as he alleges in his testimony.

Kamar told Justice Obaga that she was no longer interested in selling the suit property to the complainant after he breached the sale agreement.

Ms Soti who also testified in court dismissed claims by the complainant that the trees in the dispute suit property had been included in the sale agreement.

“Elfam Limited, which I jointly own with my mother, never included the mature trees in the disputed parcel of land in the sale agreement as claimed by the complainant in the court,” she said.

She admitted that before the court case on the disputed land, they were friends with the complainant's family.

“We used to be very close friends with the family of the complainant, but since this matter came up in court, we are no longer in good terms,” she said.