The family of the late Kanu politician Mark Too has urged the Supreme Court to set aside a decision that awarded ownership of disputed multi-billion land to Sirikwa Squatters in Eldoret.
The family through Lawyer Fred Ngatia denied allegations that Too grabbed the parcels of land and had them transferred to himself.
He told the Supreme Court Judges that Fanikiwa Limited bought the land. Fanikiwa is one of Too’s companies.
Ngatia said due diligence was done and it showed that the titles were surrendered to the government for purposes of conversion and freehold titles were issued under the Registered Land Act (RLA).
The dispute dates back to 2012 when Sirikwa Squatters Group sued the late Too for illegally taking over their land.
In 2017, High Court Judge Anthony Ombwayo ruled in their favor and cancelled Too’s titles ordering the squatters be given the land.
The Judge agreed with the squatters that the property belonged to their forefathers before they were kicked out. Aggrieved, the Too family under Fanikiwa Limited appealed but the Court of Appeal affirmed the High Court's decision.
The appellate court in its findings said the late President Daniel Arap Moi's ally was “simply the prime mover in the scheme to swindle Sirikwa of the surrendered land and cannot be described by any stretch of the imagination as an innocent purchaser”
“Having found that Too was part and parcel of the fraudulent allocation and transfer, to himself and Fanikiwa, of the parcels of land that were expressly surrendered for settlement of the Sirikwa squatters, we find no basis or justification for the award of the acres to Too”
But Ngatia in his submissions before the Supreme Court said there was no evidence that he transferred it to himself, instead he bought it.
“The judgment of the appellate court unfortunately deals with Too with very accusatory terms and this was not based on evidence,” said Ngatia.
“They used harsh words on Mark Too, that he was the schemer. They say he grabbed the five parcels of land and had it transferred to himself. We can say all other things but this never happened. Fanikiwa bought the land,” added Ngatia.
There were no squatters on these parcels of land and this applies to all other purchasers. That land was being purchased and the registered owner has title to it.
All the due diligence done showed that the titles were surrendered and freehold titles were issued as RLA.
The squatters in a brief rejoinder maintained that the titles by Too’s were obtained in violation of the law, they are illegal and nothing can be sanitized.
Through Lawyer William Arusei, the squatters asked the court to dismiss the appeals by Fanikiwa.
They denied claims that the Too family was denied an opportunity to be heard saying that the right to be heard was exhausted.
They said the land was an alienated government land that was allocated to Sirikwa squatters.
The court will deliver its judgment on notice.
