Win for Kamar in Sh200 million land dispute
National
By
Lynn Kolongei
| May 02, 2024
The Lands Court in Eldoret has declared Nominated Senator Margaret Kamar as the rightful owner of disputed prime land valued at Sh200 million in Uasin Gishu county.
Justice Elijah Obaga declared that the MP is the legal owner of the two suit property measuring 50.3 hectares in Moiben, along the Eldoret-Iten highway, dealing a blow to a prominent trader who was laying claim to the land.
"A declaration is hereby given that the defendant is the lawful registered absolute owner of LR No Sergoit (Koiwoptaoi ) Block 13/4," the Judge ruled.
Justice Obaga further said that the Nominated senator was at liberty to sell the two parcels of land under the aborted sale agreement she had entered into with Wilson arap Maina, six years ago.
He ruled that the sale agreement between Kamar and Maina stands cancelled.
"The plaintiffs shall be refunded the amount paid in respect of the aborted agreement for LR No Sergoit/Koiwaptaoi Block 13/4 by less than the 10 per cent deposit, which is forfeited to the defendant," the court ordered.
Kamar was also awarded general damages amounting to Sh10 million.
The court further issued a permanent injunction restraining Arap Maina or his agents, servants, or any other persons whatsoever from trespassing, entering, selling, or dealing in any manner with the land parcel.
The protracted land dispute between the two parties that lasted for six years began after Maina accused the senator of failing to fulfil her part of their sale agreement.
As a result, Maina through his company Kobilo Farm Limited sued Elfam Company Limited associated with Kamar and her daughter Maria Soti over their failure to transfer the two parcels of land that he had bought from them in 2018.
Through his advocate, Patrick Kibii, he claimed that he fulfilled his part of the agreement by paying Sh194 million. The balance of Sh6 million was to be cleared upon the two defendants surrendering the property to his company.
He claimed that Kamar and her daughter failed to transfer the property to him, forcing him to seek legal redress.
Maina said that efforts to access and utilise the parcels of land were frustrated by the defendants through their refusal to hand over the original title deed, KRA PIN, clearance certificate, and valid rates among other crucial documents.
"I was also shocked to learn that the Senator had used the disputed property as security to secure a Sh22 million loan from the Commodities Fund which she is yet to service," he said in his affidavit.
However, in their defense, Kamar and her daughter dismissed claims by Maina that they had gone against the transaction agreement.
They said that the trader was to blame for failing to pay the balance as agreed in the sale agreement.
Kamar faulted the petitioner for going against the sale agreement concerning the servicing of the said loan.
"To the best of my knowledge, I am still the legal owner of the parcels of the land. At no time have I transferred the same to Maina as he alleges in his court document," she said, adding that she was no longer interested in selling the suit land.
Maria Soti dismissed the claim by Maina that trees in the disputed property had been included in the sale agreement. She noted that although they were family friends with Maina, the case had affected their relationship.