The Supreme Court bench led by Chief Justice David Maraga has changed the ownership of 4,000-acre Masai Mara land awarding it to Narok County Government.
In a landmark ruling, the bench unanimously overturned a Court of Appeal's decision which had listed businessman Livingstone Ntutu as the land’s owner.
The bench comprising of Maraga, Deputy CJ Philomena Mwilu, judges Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Jackton Ojwang and Isaac Lenaola further ruled that it was unlawful for the businessman to claim ownership of the parcel that is a section of Masai Mara Game Reserve yet its title deed was still contested.
“We are certain the Court of Appeal made a mistake in allowing the respondent to assume ownership without ascertaining the legality of the land’s title,” ruled the Supreme Court bench.
The judges further referred the matter back to the Environment and Lands Court to determine whether the title deed in question was legal.
The land tussle began in 1984 when the County Council of Narok granted the businessman a lease to run his hospitality business on the land.
The lease, which had been set to run for 33 years, was however revoked in 1992 and the County Council published a Gazette notice categorising the land as belonging to Masai Mara Reserve.
Ntutu, however, filed a case to repossess the land and later signed an agreement with the county in 2005 for his company to continue operations on the contested land.
In 2014, however, the high court revoked the lease agreement after the county council denied giving its consent which prompted the businessman to move to the Court of Appeal.
Narok County, through its lawyer, Tom Ojienda, told the Supreme Court that Ntutu had irregularly acquired the title deed to the contested parcel.
“The consent claimed by the respondent could not be upheld by the Court of Appeal as it was patently illegal and unenforceable,” the judges ruled.
