Narok,
Saturday May 25, 2024
KNA by Ann Salaton
The three Maasai clans living in Ntulele area are sharply divided over a judgement issued by a three judge bench that directed that only the original group ranch members should benefit from the land.
The judges maintained that the 2, 222 people contained in the group ranch list when the land was first divided in 1982 are the legitimate owners and should benefit from the 56, 000 hectares of land equally.
This means that those who had occupied larger parcels of land will have to surrender to the persons that benefited from lesser shares.
The three judges sitting in the Narok Environment and Lands Court (ELC) were Justice Charles Mbogo, who was the presiding judge, Justice Maxwell Gicharu and Justice Emmanuel Washe.
The three clans that had differences on the subdivision of land were: Ildamat, Keekonyoke and Purko clans.
The judges who gave a uniform judgement said the sub division exercise was successfully conducted and a certificate issued in December 1982 and thereafter invited any one with complaint to launch within 60 days.
It is our finding, said Justice Washe, that by the time an adjudication section is declared complete, the adjudication map and list of members had been completed.
“A declaration that all persons whose names appear in the list are entitled to the land, hence the 2,222 whose names appear in the adjudication section are tenants in common and none should utilize a larger share than the other,” said Justice Washe.
Justice Gicharu said the law doesn’t protect every expectation but only those which are legitimate.
“For avoidance of doubt, the 2,222 persons contained in the adjudication register completed on December 1, 1982 are deemed to be tenants in common over the entire suite property known as Ntulele Adjudication Section,” he said.
Justice Mbogo said that all the members of Ildamat, Kekonyoke and Purko clans whose names appear in the register should all benefit from the equal share.
The case had been filed by the Ildamat community who sought justice from the courts alleging that they had been displaced from their land, thanked the court for the fair judgment saying most people who had been displaced from their ancestor land will get justice.
Jacob Samate from the Ildamat clans said they were eagerly waiting for the judgement so that those who had been pushed from their ancestral land could repossess their land.
Tom Mboya, also from the Ildamat clan also praised the court for giving a fair judgment and asked the land adjudication office to exercise fairness when subdividing the land.
However, the Purko and Keekonyoke clans opposed the judgement saying the 1982 register is outdated as the population has increased, insisting that the court should have allowed the residents to continue living in their current homes.
George Esho, a former counselor in the defunct county council, said they members had formed into seven group ranches and sub-divided their land, wondering why the court discredited the group ranches formed by the community.
Salau Kilusu said the judgement could bring tension on the ground as some families will be forced to give out the land they own.
Courtesy; KNA