Eldoret court rules in favour of Senator Margaret Kamar in Sh200m property battle
Nominated Senator Prof Margaret Kamar.
The Lands and Environment Court in Eldoret has declared Nominated Senator Prof Margaret Kamar the rightful owner of a disputed Sh200 million piece of prime land on the outskirts of Eldoret town.
The property along Eldoret-Iten Road has been at the centre of an ownership dispute between the Nominated Senator and a family friend, Wilson arap Maina - the brother of former State House Comptroller Abraham Kiptanui. The case has been in court for six years.
On Thursday, Justice Elijah Obaga ruled that Prof Kamar, the widow of former powerful cabinet minister the late Nicholas Biwott, was the legal owner of the two properties measuring 50.3 hectares.
“A declaration is hereby made that the defendant is the lawful registered absolute owner of LR No Sergoit (Koiwoptaoi) Block 13/4,” Justice Obaga declared in his verdict.
He further ruled that the Senator was free to sell the two plots of prime land under the aborted sale and purchase agreement she entered into six years ago with her accuser, the younger brother of former State House Comptroller Abraham Kiptanui and a prominent Eldoret businessman.
Justice Obaga ruled that the sale agreement between Prof Kamar and Maina was null and void and ordered that the 10 per cent deposit paid to the senator be forfeited to her. The judge also awarded the senator general damages of Sh10 million.
Legal dispute
“The plaintiffs shall be refunded the amount paid in respect of the aborted agreement for LR No Sergoit/Koiwaptaoi Block 13/4 less the 10 percent deposit which is forfeited to the defendant,” the judge ruled.
The complainant suffered further blows after the court issued a permanent injunction restraining him or his agent, servants, or any other persons whatsoever from trespassing, entering, selling, or dealing in any manner with the land parcel LR NO Sergoit/Kokwaptaoi Block 13/4.
Prof Kamar had been embroiled in a legal dispute over the ownership of the two prime parcels of land with Mr Maina, who had accused the Senator of failing to fulfil part of their sale agreement.
Mr Maina through his company Kobilo Farm Limited took Elfam Company Limited associated with the late Biwott’s widow and her daughter Maria Soti over their failure to transfer the two parcels of land that he had bought from them in 2018.
Mr Maina through his lawyer Patrick Kibii told the court that he entered into a sale agreement with Prof Kamar and her daughter on July 9, 2018, in respect of the two parcels of land located in Moiben sub-county.
According to Mr Maina, he fulfilled his part of the agreement by paying Sh194 million. The balance of Sh6 million was to be cleared upon the two defendants surrendering the property to his company.
He claimed that Prof Kamar and her daughter failed to transfer the property to him, thus compelling him to seek legal redress.
Mr Maina narrated how his efforts to access and utilise the parcels of land were frustrated by the defendants through their refusal to hand over to him the original title deed, KRA PIN, clearance certificate, and valid rates among other crucial documents.
“I was also shocked to learn that the Senator had used the disputed property as security to secure a sh22 million loan from the Commodities Fund which she is yet to service,” argued Maina in his affidavit.
However, in their defence in court, Prof Kamar and her daughter dismissed as untrue claims by Mr Maina that they had gone against the transaction agreement.
Sale agreement
They said that Mr Maina was to blame for failing to pay the remaining balance as agreed in the sale agreement.
Prof Kamar faulted Mr Maina, a prominent trader in Uasin Gishu County for going against the sale agreement concerning the servicing of the said loan.
She argued that to the best of her knowledge, she was still the legal owner of the parcels of the land, noting that at no time had she transferred the same to Mr Maina as he alleges in his court document.
The senator acknowledged having received some money from Mr Maina as indicated in the sale transaction but hastened to add that she was no longer interested in selling the property to the complainant after he breached the sale agreement.
On her part Maria Soti, the late Biwott with Prof Kamar dismissed the claim by Mr Maina that trees on the disputed property had been included in the sale agreement.
“Elfam, which I jointly own with my mother, did not include mature trees in the disputed two parcels of land in the sale agreement as claimed by the complainant,” said Ms Soti.
