Squatters Battling For 25,000 Acres Of Land With Late Mark Too's Family Write To Supreme Court

• The squatters had won a legal battle against the late, former KANU nominated MP Mark Too and companies affiliated to the land
• According to the squatters, the prime land in Uasin Gishu had been awarded to them through a presidential decree during the era of former president Daniel Moi
• They now want the Supreme Court to determine if it has the jurisdiction to hear an appeal filed before it by those contesting the Court of Appeal verdict of November 2022

Sirikwa Group Squatters who are battling for 25,000 acres of land with a company associated with former powerful KANU politician Mark Too have written to the Supreme Court.

Sirikwa Squatters

They want the highest court in the land to determine if an appeal filed by parties opposing a judgement granting them the land merits to be heard by it.

The squatters were taken to the Supreme Court after interested parties in the land filed an appeal against a landmark ruling by the High Court and the Court of Appeal that awarded them the property located in Kapseret, Uasin Gishu County.

A battle for the multi-million property moved to the Supreme Court in 2022 after dissatisfied parties currently occupying the parcel land challenged a Court of Appeal verdict made in November 2022 as reported by The Standard.

The appeal was filed by Fanikiwa Limited which is associated to former KANU nominated MP, the late Mark Too.

Mark Too's Companies

A jurisdictional matter has however continued to dog the Fanikiwa Ltd versus Sirikwa Squatters case (Petition of Appeal No. E036 OF 2022) at the Supreme Court, if the letter by the Sirikwa Group Squatters is anything to go by.

On Friday, August, 25, the squatters wrote to Chief Justice Martha Koome seeking her legal opinion on whether the case challenging their win at the Court of Appeal should be heard and determined by it or not.

According to the squatters’ letter, there was a preliminary objection in January 2023 that no new evidence would be admitted in the matter.

Now, they need explicit answers on whether or not the Supreme Court has the jurisdiction to hear and determine the land case.

“The preliminary objection was filed on January 18, 2023 together with the applications for enjoinder. On June 18, ruling was delivered on the applications excluding the preliminary objection.

“To date, the preliminary objection is silent. We don’t know whether it is still in court records. We seek to understand the procedures of handling the preliminary objection on the merits of points of law," the letter seen by TUKO.co.ke read in part.

Supreme Court's jurisdiction

In a preliminary objection filed in January 2023, the squatters had argued that the Supreme Court lacked jurisdiction to hear and determine the appeal filed before it.

They argued that the land suit did not meet the threshold to be arbitrated by the Supreme Court.

“The Constitution envisages that not all appeals lie from the Court of Appeal to the Supreme Court. Only those appeals arising from cases involving the interpretation or application of the constitution can be entertained by the Supreme Court,” the squatters argued through their lawyer William Arusei.

The Sirikwa Squatters Group argued that the appellants who are individuals occupying parts of the suit land, ought to have sought certification from the appeal court that the matter had significant public interest, saying that the supreme Court of Kenya's inherent powers are limited.

They now want Koome to expedite the hearing and determination of the case owing to the urgency of the matter in dispute.

“The case was certified urgent in November 2022 and mentioned in January and February. We have been compliant with filings,” the squatters said in the Friday letter.

The matter had been heard by over eight judges before the first judgement was issued by the then High Court of Eldoret Judge Anthony Ombwayo made a landmark verdict, awarding the squatters the vast prime land.