Uasin Gishu senator Jackson Mandago and Kapsaret Mp Oscar sudi are said to have identified a militia to attack some people weeks before the Supreme court rules on the controversial multibillion land case surrounding a 25,000-acre parcel of land in Eldoret.
A seven Judge bench is expected to give their verdict in June this year over the ownership of the multibillion land that has been the subject of a bitter court case between a group of squatters and the Mark Too family.
Mandago and Sudi have deep interest in the farm that has seen squarters win three cases at the Magistrates court, a high court in Edloret and a court of appeal’s court in Kisumu all the courts awarding the Sirikwa squarters the land.
The two top politicians in the country are already tilling the land and have planted maize on the five thousand acres which is part of the controversial land.
Aware the the Supreme court is likely to award the Sirikwa squarters the land in the apex court, the two politicians have brought in a new twist where they want to have a rival group of ‘squarters’ otherwise being a trained militia to cause mayhem after the Supreme court ruling.
Mandago and Sudi have in the last few months been trying to influence the decision of the Supreme Court judges through lawyers Fred Ngatia and Senator Tom Ojienda who represent the Mark Too family.
The two lawyers on two occasions tried to attend the Supreme Court’s two retreats one in Nanyuki and another in Mombasa to try an influence the decision of the apex court.
The two lawyers carrying millions to attempt to corrupt the judges to influence the decisions were rebuffed by the some of the judges after they refused to meet them on the sides of the hotel and instead cancelling the two retreats.
The two lawyers were initially using Deputy Chief Justice Philomena Mwilu and Justice Njoki Ndung’u to reach out to the rest of the fuve judges but after their colleagues shown coldness to their advances, Mwilu backed down leaving Njoki to be the only lead for Ngatia and Ojienda.
Mandago and Sudi were hoping that the court would rule in favour of the Mark Too family so that they can get a share of the 25,000-acre parcel of land in Eldoret near the Eldoret International Airport.
Initially there had been indications that Head of Public Service and Secretary to Cabinet Felix Koskei had been part of the faceless individuals under the protection of Uasin Gishu Senator Jackson Mandago and Kapseret Mp Oscar Sudi.
Koskei has since dropped his interest in the land and left the two hawk-eyed politicians as the only leaders trying to influence the case.
When the matter was filed that the Apex court the, the Supreme court gave interim orders prohibiting anyone from accessing the land or interfering with it.
The Supreme Court gave the order in December after Fanikiwa Limited which is associated with former Mp Mark Too lost a case lodged by Sirikwa Squatters at the Court of Appeal.
In a verdict that was a major indictment to the former nominated MP, in his death, the Court of Appeal found that he had hatched a plot to swindle Sirikwa Squatters Group a 25,000 acres property.
The High Court had given Too’s family at least 66.7 acres out of the contested land.
However, Court of Appeal judges Patrick Kiage, Kathurima M’inoti, and Mumbi Ngugi overruled the High Court by finding that the former politician was not an innocent buyer.
They have ordered that part should revert to the squatters as it was part of a scam plot to take away the land from the squatters.
“Mr Too was simply the prime mover in the scheme to swindle Sirikwa of the surrendered land and cannot be described by any stretch of the imagination as an innocent purchaser. The transaction relating to the 27 hectares (66.7 acres) was tainted by fraud and misrepresentation and was completely unworthy of protection by the court,” they ruled.
According to the judges, Too was the master mover of the fraud and therefore could not claim that he bought the property as an innocent purchaser.
They continued: “Having found that Mr Too was part and parcel of the misrepresentation and fraudulent allocation and transfer to himself and Fanikiwa of the parcels of land that were expressly surrendered for settlement of the Sirikwa squatters, we find no basis or justification for the award of the 27 hectares to Mr Too.”
The judges observed that Too was the master mover of the fraud and therefore could not claim that he bought the property as an innocent purchaser.
“Having found that Mr Too was part and parcel of the misrepresentation and fraudulent allocation and transfer to himself and Fanikiwa of the parcels of land that were expressly surrendered for settlement of the Sirikwa squatters, we find no basis or justification for the award of the 27 hectares to Mr Too.”
The Sirikwa squatters living near the Moi International Airport, Eldoret, went to court in 2007 and sued various government departments, Lonrho Agribusiness East Africa Company, Mark Too, David Korir, and others for grabbing their land.
According to the squatters, the politician conspired to hive off the 25,000 acres in 12 parcels with different acreages they claimed were allocated to them by the late President Daniel Moi in 1998, through a presidential decree.
Sirikwa members argued that over time, the title to the property changed hands, ultimately ending up in the name of Lonrho Agribusiness which in discussions with Sirikwa and the government agreed to surrender the suit properties.
But despite the courts having pronounced themselves on the matter, some 300 acres of the land has been hived out and given to a senior government official who plans to put up a university and a five-star hotel.
Senior politicians in Eldoret led by Sudi and Mandago are said to be using both police and youth to frustrate squatters as tractors till he land.
“Even when few of our members meet in Eldoret town, either the police or hooligans come to disperse us, we now fear for our lives,” said a member of the Sirikwa Squatters.
The squatters occupied the land in November immediately after winning their case at the Court of Appeal. Some had even moved their cows and tractors to the farm as they awaited the adjudication of the land.
Police however evicted them violently and in the process took some of their belongings. The squatters are now complaining that a tractor, several motorbikes, cows and iron sheets that were seized by police from Langas and Kiambaa police stations are being held at the stations.
“The politicians are using the police badly. The entire operation is being guided by Rift Valley police commandant. These people look determined to deny us the justice that the courts gave us,” said another member of the squatters.