Eldoret Express is set to reclaim a 640-acre piece of land in Tawai, Trans Nzoia county, after securing a court’s approval to get police backup for the eviction of over 1,000 squatters. The dispute pitting the once dominant transportation firm against land buying company Tawai Limited has played out over the past 13 years.
The firm had filed a petition seeking to enforce a Court of Appeal judgment dated November 28, 2019, that declared Eldoret Express the legal owner of the land.
Eldoret Express Director Joseph Ng’ang’a Thungu told the court that the firm had instructed Seventy-Seven Auctioneers to undertake the evictions, but they would require police protection.
The Supreme Court had in March 2021 rejected a bid by Tawai Ltd to suspend enforcement of the eviction order, further stating that there was no basis for a second appeal and no significant question of law raised that required the input of the court.
Trans Nzoia’s county commissioner, county commander, Kiminini sub-county officer commanding police division (OCPD) and the Police Station chief (OCS) in Kiminini were directed by Justice Samuel Kibunja to accord Seventy-Seven Auctioneers police to maintain law, peace and order during the execution of the eviction order.
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“As it is evident from the affidavit evidence presented by both sides that the Defendant (Tawai) has a sizeable number of people on the suit property, I agree with the Plaintiff (Eldoret Express) that it would be desirable to have the law enforcement agencies in the County to be involved in the eviction exercise, through the provision of security, and overseeing of the plaintiff taking possession of the suit property, so as to ensure law and order is maintained by all,” the court ruled.
The dispute stems from the controversial existence of two title deeds for the piece of land.
Eldoret Express maintains that the squatters took advantage of the Post-Election Violence (PEV) in 2007/08, where the region was a hotspot for clashes, to invade the land.
Eldoret Express sued in 2008 seeking to be declared the legal owner of the land.
The company, which was once one of the country’s busiest transport firms known for its iconic buses, noted that it bought the land from Kaitet Tea Estates for Ksh40 million in a transaction that was completed in 2001.
On the other hand, Tawai maintained that it had been the registered owner of the land since 1976. They stated that they purchased the piece of land in 1974, and in 1981 took a loan from Kenya National Capital Corporation (KNCC) bank using the title as security. It got the title back in September 2008.
As the court observed, however, Tawai Limited had defaulted on the loan and the bank in exercise of its statutory power sub-divided the land and sold it.
Kaitet Tea Estates, which later sold the land to Eldoret Express, bought the piece of land from the bank in 1987 at a cost of Ksh7.1 million.
“That evidence of transfer by private treaty in exercise of the chargee’s (bank) power of sale, which was then duly registered, passed a good title to Kaitet,” stated the Appellate judges.
Noting that the the law sets a 12-year limitation for claims for the recovery of land, the judges further held that Tawai’s efforts to recover the land from Kaitet were futile as the claim was filed in May 2011 – 24 years after Kaitet’s registration.
