Two former top government officials have been ordered to hand over 400 acres of a disputed piece of land to a widow.
Justice Mwangi Njoroge of Kitale High Court dismissed the case by a company linked to former State House Comptroller Abraham Kiptanui and ex-minister Water Development Kipngeno arap Ngeny.
The two ex-State officers had moved to court to challenge the National Lands Commission’s decision to award the widow 400 acres of land.
This decision was upheld by the High Court Justice Njoroge who ruled that the case lacked merit.
"The dispute herein should have therefore been subjected to an appeal as the first point of call before any other court action such as judicial review.
"In light of the foregoing, I find that the notice of motion dated April 9, 2019, is improperly before this court and there is no need of delving into the rest of the issues for determination," Justice Njoroge ruled.
Kiptanui and Ngeny stated in court that they, along with Nicholas Biwott, had sought to purchase the disputed land from a white settler, Per Bogelund Jehnsen.
According to the state officials, they took a loan and purchased the land for KSh5.8 million.
Under a company formed by the ex-government officials, they reportedly invited members to contribute in order to get a share of the land.
They stated that David Rono, the late husband to Betty Rono, parted with Ksh 300,000 as one of the members. They cited that the funds were equated to only 25 acres.
The defendant Betty Rono refuted the claims stating that the initial agreement was among Nicholas Biwott, Kiptanui and her late husband David Rono.
According to Rono, each party was to be awarded 400 acres to which her husband never got his due.
The widow had initially moved to the National Lands Commission to complain that she had not received her husband’s share of the disputed land.
After the hearing the chief lands registrar ruled that the former government officers should hand her 400 acres.
