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A section of the contested 4,296-acre Muthera Farm in Mau Narok, Njoro, on March 25, 2025.One person was fatally shot during a confrontation after two rival groups clashed over land ownership.The land dispute involves the families of the late Minister Mbiyu Koinange and the late Kikenyi Ole Mpoe. [Kipsang Joseph, Standard]
One person was shot dead after rival groups claiming ownership of the controversial 4,296-acre land in Mau Narok Njoro clashed.
While confirming the incident, Njoro Sub-County DCC Mokin Ptangu'ny said the rival groups are fighting over Muthera farm land. He said the parcel is one of the highly contested lands in Njoro.
The family of the late minister Mbiyu Koinange and that of the late Kikenyi Ole Mpoe are fighting over the land.
"The rival groups ordinarily engaged each other, they use the youths to prevent each other from carrying out any activity on the land. We have lost one man," he said.
Ptangu'ny noted that it is clear in government records who own the land but due to pending court cases they have been forced to intervene and contain excess that may lead to insecurity.
He said they will implement a raft of measures to contain any action that may cause further insecurity.
A permanent police patrol base, he said, will be set up in the area to prevent the clashes and further killings. Police, he said, have taken up the matter and urged the warring groups to keep calm.
"Any person who might have been involved in the killing will be brought to book and prosecuted," he said.
He said there are many players in the land and beneficiaries of the Mbiyu Koinange estate have engaged several people to manage it on their behalf.
The Mpoe family, who also claim ownership, he said, are on the farm. He warned the two families against hiring the services of young men to provide security.
"We have taken note of the use of a firearm, and we are investigating to get to know who exactly fired," he added.
On Wednesday, the officers had to stop ongoing planting on a portion of the parcel.
Njoro sub county police commander David Apima while dismissing claims by a section of youths that the police favour one group said they have been impartial and no one will be discriminated against.
Apima said the deceased body was taken to the Egerton University morgue.
Harrison Legero, one of the youths representing Edda Koinange, said they went to the farm early morning and found a group of armed youths.
Legero said it was during the confrontation that one of them was shot.
He called on the government to intervene and resolve the dispute on the land adding that the Mpoe's have no claim on the land.
He said the police in the area are to blame for the insecurity in the area.
Early this month, the Environment and Lands Court in Nakuru dismissed an application by Margaret Njeri Mbiyu seeking to stop the leasing of the contested land.
Njeri in the application had sued Josephat Mpoe, Joseph Mpoe, and 22 others in an application he filed in December 2024. She wanted the court to issue permanent injunction orders restraining the Mpoe’s from leasing to third parties, invading, or in any way whatsoever interfering with the proprietorship rights of the land in Muthera Farm LR No 8669/3 Mau Narok.
He also wanted the court to issue orders stopping the excavating and carrying off, cutting away top soil form Muthera Farm to Bomet County and elsewhere until determination of the case.
Njeri informed the court that she was granted ownership of Muthera Farm, adding that since confirmation of the grant, all the administrators and beneficiaries have been enjoying quiet possession of the suit property.
She further stated that the land was to be equally shared among the administrators and beneficiaries, with 800 acres remaining for sale to cover the estate liabilities.
The administrators, according to he,r have been unable to fully distribute and use the land as the Mpoe’s have since invaded the land without their consent and caused the same to be occupied by other people.
The Mpoe's, she stated, have been leasing the land to third parties.
The Mpoe’s in their response filed an application dated January 21, 2025 orders that that Njeri’s case be struck out.
Josephat Munke Mpoe in an affidavit stated that he was the co-administrator of the estate of the late Kikenyi Ole Mpooe the registered proprietor of the suit property. He further stated tha there is a separate suit being Nakuru ELC E013 of 2020 in respect of the suit parcel. Koinange family he said have instituted the suit in their capacity as administrators and beneficiaries of the estate.
He went on to state that in ELC E013 of 2020, he has been sued as the 7th Defendant. He also stated that there were two suits in the same court over the same subject matter and same parties.
The application by Njeri according to Mpoe amounts to an abuse of the court process and must be struck out. He stated that the instant suit can either be stayed or consolidated with the previous suit since the parties are suing and being sued in their capacities as administrators of the estate.
Justice Anthony Ombwayo in his ruling noted that the prayer for permanent injunction sought is premature as no such order can issue on the basis of a temporary application. He dismissed the application terming it as without merit.
“It is this court’s view that there is no gainsaying that an order of permanent injunction is an order which can only issue after hearing of the substantive suit at the tail end of the matter,” stated the judge in the ruling.
The court noted that it is not in dispute that there is a pending suit before the court, being Nakuru ELC E013 of 202,0 relating to the suit land and the orders sought are similar.
“This court is satisfied that the claim herein can be litigated in Nakuru ELC No. E013 of 2020 since there is no justification in having the two cases being heard parallel to each other. It is my view that allowing the two matters will be an insult to the sub-judice rule and a violation of the overriding objective of the Civil Procedure Act and efficient use of the available judicial and administrative resources,” ruled the court.
The Standard Group Plc is a multi-media organization with investments in media
platforms spanning newspaper print operations, television, radio broadcasting,
digital and online services. The Standard Group is recognized as a leading
multi-media house in Kenya with a key influence in matters of national and
international interest.
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