In a landmark ruling, the High Court in Eldoret has brought an end to a protracted and bitter 30-year legal battle, delivering a historic victory to 19 families who had been embroiled in a dispute over a 95-acre parcel of land. This contentious case, which spanned over three decades, has deeply affected the families led by Wilson Busienei, Kiptoo Arap Koech, Kimeli Arap Bwalei, and Edward Kiplimo Rotich, who fought tirelessly to reclaim their ancestral land. The land in question, originally part of a 445-acre property owned by John Hughes, has been at the center of a complex and often heartbreaking struggle.
The disputed land, which has been under various legal and governmental controls, is now part of the Municipal Council of Eldoret and the Kenya Pipeline infrastructure. However, it was initially purchased from Hughes in the pre-colonial era by the families' ancestors, who had hoped to secure a lasting legacy for their descendants. What followed was a prolonged battle for rightful ownership as the land was subdivided, sold off, and subjected to numerous legal and bureaucratic hurdles that left the families unable to fully access or utilize the property.
The legal case, filed as Case No. E044 of 2021, sought to address the unlawful subdivision of the land and restore the families' rights. After years of hearings, the High Court finally ruled in their favor, marking the end of a grueling period of uncertainty and hardship. In his judgment, Justice Elijah Obaga found that four individuals—Peter Boisio Ngetich, Joseph Arap Cheruiyot, John Kimeli, and Alexander Akwei Too—had unlawfully subdivided the land after June 18, 2022, violating both legal processes and the families’ property rights. As a result, all titles and subdivisions that had been issued for the disputed land, including those for parcels 8822, 8637, and 6617, were declared null and void by the court.
Justice Obaga’s ruling was unequivocal, confirming that the 95-acre parcel in question, along with the remainder of LR Nos. 8637 and 6617, should be returned to the rightful beneficiaries. In addition, the judge allocated portions of the land for essential public services, underscoring the court’s commitment to ensuring both justice for the families and the needs of the broader community. Three acres were set aside for road access, 0.25 acres for a cemetery, 1.5 acres for a dam, and one acre for a church or nursery school. The court further issued a permanent injunction, restraining the defendants from transferring, leasing, or alienating the land in any manner.
The decision was met with overwhelming relief and joy by the families, who had suffered for decades due to the constant legal disputes. Their struggle had not only kept them from using the land for farming, but it had also caused severe financial and emotional distress. Many had watched their livestock perish and their resources dwindle, while others faced the heartache of seeing their land repeatedly sold off or encroached upon by various parties.
Wilson Busienei, the current chair of the affected families, spoke passionately after the ruling. “This land has been in our family for generations, and for so long we’ve been denied access to it. We couldn’t even put up a simple fence, because it was continuously sold off by the defendants. For years, they benefited financially from it while we watched helplessly. Today, justice has finally been served, and we are committed to ensuring that this ruling is implemented peacefully,” Busienei said. “Everyone will get their rightful share, and we will work together to heal from the wounds of the past.”
In a moving acknowledgment, Busienei also highlighted the critical role that women had played in the long battle for justice. After the passing of their elderly fathers—who had originally purchased the land from Hughes—it was the women who stepped forward to advocate for the land's rightful ownership. Their perseverance and determination in the face of adversity were crucial in keeping the fight alive and ensuring that future generations would not lose their inheritance.
Edward Kiplimo Rotich, another plaintiff, expressed his immense relief, but also reflected on the hardships endured by the families over the years. “This has been a journey full of pain and suffering. For decades, we couldn’t use our land. Our livestock perished because we had no space to graze them, and we were left financially ruined. Our fathers had fought so hard for this land, and now, their efforts have been vindicated,” Rotich said. “This ruling gives us hope for the future.”
Another beneficiary, Samwel Kipyengo Maiyo, shared a deeply personal story of the land’s significance to her family. “I was just a young girl when my father and the other elders bought this land. It was a proud moment for our family. I grew up here, got married here, and raised my children here. Even after my husband passed away, he told me to stay the course, to fight for what is rightfully ours,” she said. “I’m so glad to see this day finally come.”
The emotional impact of the ruling was evident as the families gathered to celebrate the long-awaited victory. Songs and dances filled the air as the families embraced one another, rejoicing in the justice that had been denied to them for so long. It was a moment of both celebration and reflection, as the families recognized the immense challenges they had overcome.
Now, with the legal battle concluded, the families are looking to the future. The land, which had been a source of conflict for so long, will now be a foundation for economic growth and development. The families are committed to utilizing the land for sustainable farming, housing, and community development. With the court’s ruling, they can finally begin to build the future they had long been denied.
For many, the case has been more than just a fight for land—it has been a fight for justice, for the recognition of their ancestors’ sacrifices, and for the preservation of their cultural heritage. As they move forward, the families are determined to ensure that the legacy of their forefathers is honored, and that the land will be used for the benefit of generations to come.
This historic ruling is a powerful reminder of the importance of land rights and the long-lasting impact that legal battles over property can have on families and communities. It is also a testament to the resilience and determination of the 19 families who, after decades of struggle, have finally received the justice they so rightly deserved.
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