Court stops Men’s Conference chairman Mzee Kibor from evicting sons
The Court of Appeal has stopped businessman Jackson Kibor from repossessing 1,240 acres of land he had gifted his three sons.
The three-judge bench stopped Mzee Kibor from kicking out his sons from the land in Uasin Gishu County until their appeal case is heard and determined.
Justices Hannah Okwengu, Fatuma Sichale and Daniel Musinga said they had perused a High Court judgment that allowed the eviction and were satisfied his sons’ appeal was 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.
The ruling is based on an application filed on February 17 by Kibor’s sons – Elkanah Kipleting, Evans Kipkosgei, and Erick Kipchumba – who were dissatisfied by the May 6 last year’s decision by the Environment and Lands Court.
The Land and Environment court ruled that Mzee Kibor was the rightful owner of the land and that his sons have no documents to claim ownership of the said property.
The judgment further instructed the Lands Registrar, Uasin Gishu County, to nullify and cancel the consolidation, subdivision, and issuance of title numbers Soy/Kapsang Block 10 (Samitoi) 13, 14, and 16 (the suit properties) to Kibor’s sons.
“I have directed Uasin Gishu land registrar to nullify and cancel purported unlawful and illegal consolidation and subdivision of the land as well as the issuance of title deeds to defendants,” Justice Antony Ombwayo said in May last year.
The applicants argued that unless the order sought is granted, there is a likelihood their father would evict them as he had developed hostility and intolerance against them.
The three sons said that even though they had occupied the land for many years, following the May judgment, their father caused their arrest after he accused them of 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,” the court added.