Eldoret Express bus company has won a case against Tawai Limited over a 640-acre ranch in Trans Nzoia County, that was reportedly grabbed during the 2007 post-election violence.
In their ruling, Supreme Court judges Philomena Mwilu, Njoki Ndung’u, Isaac Lenaola, Smokin Wanjala and Mohammed Ibrahim affirmed a Court of Appeal decision that Eldoret Express was registered owner of the land.
“The dispute was resolved based on evidence that Eldoret Express are the registered owners of the disputed land. We see no reason of allowing a second appeal by Tawai Limited since there is no question of significance that warrants our intervention,” the judges ruled.
The ruling ends a dispute that has been ongoing for thirteen years since 2008 when Eldoret Express sued Tawai Ltd for illegally occupying the land.
The bus company claimed that in December 2007, during the post-election violence, members of Tawai Ltd invaded the land and took possession.
Tawai Ltd, however, claimed that they had acquired the land in 1974, and that Eldoret Express had used fraudulent means to acquire the parcel of land.
The company denied it had taken advantage of the 2007 post-election to snatch the land from Eldoret Express, arguing that they had taken possession of what had been illegally taken from them.
The Environment and Lands Court Judge, Antony Ombwayo, in August 2018, ruled in favour of Tawai LTD, noting that Eldoret Express could not claim ownership of the land fraudulently transferred to them.
The Court of Appeal, however, in November 2019, overturned the decision stating that it was Tawai Ltd that had acquired the land through fraudulent means.
According to the Court of Appeal judges, Asike Makhandia, Otieno Odek and Patrick Kiage, the circumstances that led to the eviction of Eldoret Express were an unfortunate mix of greed and opportunism.
The Supreme Court ruling brings to an end a dispute that had gone on for thirteen years.
