A three-judge bench in the Court of Appeal stopped Jackson Kibor, a renowned businessman, from evicting his sons from 1,240 acres of land in Uasin Gishu County that he had gifted them until their appeal case is heard and determined.
The three judges, Judges Hannah Okwengu, Fatuma Sichale, and Daniel Musinga pointed out that they had gone through a High Court judgement that allowed Kibor to evict his sons and came to a conclusion that their appeal is arguable.
“It must be borne in mind that an intended appeal must not succeed, rather it is an appeal that raises at least one ground that is not frivolous and merits full consideration by the court,” reads the ruling.
Kibor’s sons Elkanah Kipleting, Evans Kipkosgei, and Erick Kipchumba filed an application on February 17, stating their dissatisfaction with the Environment and Lands Court ruling on May 6, 2020.
The court had instructed the Uasin Gishu County Lands Registrar to nullify and cancel the consolidation, subdivision, and issuance of title numbers of various blocks to Kibor’s sons.
Kibor’s sons told the court that in case their appeal is not granted, their father would evict them from the suit properties.
They further argued that they had occupied the land for many years and that upon the court’s judgement, their father had them arrested for allegedly trespassing.
“Unless the order sought is granted, there is no telling what the respondent may decide to do with the suit properties before the appeal is heard and determined. If he evicts the applicants and disposes of the suit property, the appeal will be rendered nugatory,” noted the court.
In 2016, Kibor moved to court to block the transfer of his land to his sons in an unresolved family dispute.
The Environment and Lands Court in Eldoret in 2020 ruled in his favour in the case. The court also dismissed three applications by Kibor’s sons and his employees who were pitted against him by the ruling seeking a temporary order of stay of execution of the judgement pending hearing and determination of the intended appeal.
Justice Antony Ombwayo ruled that Kibor was the legal owner of the disputed land.