By Kevin Sang, Uasin Gishu
Over 200 members of the Bayete Farmers Cooperative Society, residing on a portion of the contested 655-acre prime land in Uasin Gishu County, have petitioned the Lands and Environment Court in Eldoret to halt the re-demarcation of the property.
The disputed land is divided into two blocks, with the aggrieved members owning 335 acres, while the remaining 335 acres belong to members of the Wendani Farmers Cooperative Society.
“There is a real risk of chaos if no interim order is issued to restrain the defendants from inciting and causing unrest,” ~ Ms. Kigen
In an urgent application, the Bayete members, led by Margaret Jepchumba Kigen, Chesudin arap Moso, John Rono, Peter Njoroge, and Henry Okwemwa Ocharo, are seeking a court injunction to prevent Assistant County Commissioner for Kapseret Sub-County, Abigael Bett, from interfering with their property.
“There is a real risk of chaos if no interim order is issued to restrain the defendants from inciting and causing unrest,” Ms. Kigen stated.
The Bayete members have accused Ms. Bett of leading a committee she formed to oversee the sub-division of land under Ngeria/Kesses Block 5 (Bayete) with the intent to cancel their titles and re-distribute the 335-acre portion.
According to Ms. Kigen, the assistant county commissioner organized two meetings last month, attended by members of Wendani FCS, during which they resolved to ‘invade’ the Bayete property with private surveyors.
“The first defendant (Ms. Abigael Bett), in her role as assistant county commissioner, led the others onto our land without any court order, even though government surveyors had properly demarcated our parcels, and we were issued title deeds,” Ms. Kigen asserted.
Represented by lawyer Evans Miyenda, the aggrieved members argue that neither the assistant county commissioner nor Wendani Cooperative Society members have the authority to interfere with their land. They insist that their title deeds, obtained lawfully, must be respected.
Ms. Kigen defended the legitimacy of their title deeds, stating that the documents were issued through proper channels and have not been altered or revoked as alleged by their opponents. She emphasized that they would not allow anyone to evict them from land that has been their home for decades.
The plaintiffs have called on Presiding Judge Elijah Obaga to issue an injunction preventing the assistant county commissioner, along with 15 representatives from Wendani FCS, their agents, and any other parties acting on their behalf, from trespassing, surveying, subdividing, or altering the existing boundaries until the case is heard and determined.
In addition to Ms. Bett, the other defendants named in the suit are Irene Chebon, Peter Mwaura, Kiprono Singoei, Jonathan Sang, Nelson Too, Kimaiyo Cheserek, Jinaro Mwangi, and Kennedy Cheruiyot. They are claiming part of the land under LR No. Nigeria/Kesses Block 5 (Bayete), asserting that it was not surveyed and that the title deeds have been nullified.
The Attorney General, Dorcas Oduor, and Uasin Gishu County Land Registrar, Francis Yator, have also been listed as defendants in the case.
The matter is set for mention on October 16.
