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Citizen Weekly

Sunday, 17 May 2015

IDPs conned in land with two owners

Turbo subcounty elders chairman William Kuto has asked the government to relocate 255 internally displaced persons who were settled on the disputed 600 acres of land.
Kuto said that the former IDPs were taken to their land in lorries without their consent adding that they are now living there illegally because they have no powers or somewhere to seek
justice from. The chairman who is aged 95 years old said that the land had been bought by himself plus other two members Kimagut Muigei 95 and the late Dickson Tuwei who died aged 85 this year but were conned the same 600 acres of land in Chepchoina farm in 1970s by their former secretary Micah Shikule who sold the same without their knowledge.
     “We want the government to do justice for us before we die by removing the 255 former IDPs who were settled in our disputed 600 acres of land illegally without our consent because the matter is still in court and the verdict has not been arrived at so far,” said Kuto. He said said that there were three elders who were fighting for their constitutional rights after purchasing the land in dispute for more than 30 years but Tuwei died this year. The chairman said that their illiteracy and corruption among senior government officers had made them to be unable to get justice before
they die because the case is known well at the Lands ministry headquarters and has not been acted upon for the last 30 years. He said that it was only Uhuru Kenyatta who will can make them
get back their land in dispute before they die due to advanced age because former government officers who were in office by then failed leading to the current situation.
      The elders said that they jointly bought the land from Agricultural Development Corporation at Sh176,000 with the late Shikule who was the company’s
secretary. The chairman said that according to the records, Shikule who was also a former lands officer took advantage of their advanced age and illiteracy and obtained ownership of the 600 acres of land LR No 8164 in his name. He said that the members rewarded Shikule with 100 acres of land when
he assisted them to register the parcel noting that when the land was purchased, they did not settle in immediately because it was leased to Kenya Seed Company as they waited to raise the balance. Kuto who is the spokesman of the company said that the late Shikule sold the land to a former lecturer who was based in London the late Joseph Kezia and his wife displacing them and his
other 152 newly recruited members. He revealed that the land was registered in the name of (KUSHIM)
meaning Kuto, Shikule and Muigei) vide 5/575 but it remained having the same NO 8164 but he later changed it on his referenced NO L/1971/285 which were transferred through Ransley Philip advocate. He said that after making the transactions, Shikule kept hiding
himself from other members as they tried to get the truth on the matter of their land.
Kuto said that Shikule declared that they had no land claiming that the only thing he could do for them was to refund their money saying that they reported the matter to former district officer for
Saboti division.
     He said that the DO wrote a letter ref: PT.9/1/Vol.1/27 dated on 10-3-1980 to Shikule summoning him to his office in order to explain what had transpired over the land in dispute. Kuto further said that they went to Transnzoia land Control Board on 12-6-1980 at Kenya Farmers Association boardroom Kitale before proceeding up to Rift Valley Land Control Board.
He said that after hearing the case, the principal commission wrote a letter to the AG Trans Nzoia DC Mutua Kaluka instructing him that the members should be given back their potion as per letter ref:
T&C6/6/1/1Vol.XV1/112 dated December 11 1984 but all in vain to date. It was revealed that on February 27 1985 the members went for arbitration meeting at the district commissioners office Kitale where it was
revealed that although Shikule had conned them falsely, they should accept him back as their member but the land should be subdivided by six to enable him get 100 acres of land. Kuto said that when Shikule realised that he was on the wrong, he sold the 600 acres of land to Kezia and his Kakai adding that the two sued the members after receiving ownership of the land as per
civil case 207 of 1983. Weekly Citizen was shown a letter ref: LND 16/1/1/VOLXLV1/(56)  dated September 5 2009 advising the DC Trans Nzoia to settle them in the rightful land and and later lodge a case in court against Kezia who is the partner in the disputed property. Some of the senior government officers who were informed about the matter since it began in 1970s include former permanent secretary in
the ministry of Justice and Constitutional Affairs, former director of CID Noah Arap Too, anti corruption and former Rift Valley provincial commissioner Yusuf Haji and Lands registrar.