Over 70 powerful individuals from the Kanu regime face possible eviction from 800 acres in Eldoret which had been grabbed from a widow.
The individuals have withdrawn a case in which they were demanding to be issued with titles for part of the land which they occupy after the government said it could not issue the titles because the land is not in its possession.
Through their lawyer, Z.N Gathaara, they had sued the Chief Lands Registrar and the widow Ann Kimitei demanding that they are issued with the titles.
“Take notice that the plaintiffs hereby withdraw the above suit with immediate effect. The suit is marked withdrawn,” Gathaara said through a notice filed at the Lands and Environment Court in Eldoret.
The individuals living on the land include former powerful Managing Director of Kenya Pipeline Company Ezekiel Komen, former Mayor of Eldoret Josiah Magut, former PS Wilfred Kimalat and Senior Chief Eric Kibiwott Tarus.
The prime land is located adjacent to the University of Eldoret.
In September 2012, a court ordered for the arrest of former managing director of Komen and four others.
Komen, former DC Benjamin Rotich, Tarus and businessman Ben Kuto faced charges of abuse of office and conspiracy to defraud.
They were accused of using their positions to grab the 800 acres belonging to Kimitei.
Senior principal magistrate L. Nyambura issued their warrants of arrest after DCI officers from the Lands Fraud Unit applied for the same.
A Lands registrar based in Busia at the time, John Chepkwesi was also arrested and charged over the matter but all of them were later acquitted and the court ordered that the matter be sorted out by the Lands Court.
The High Court had cancelled all titles issued against the land from the previous years.
The individuals again sued to demand the titles. Ministry of Lands officials told the court that the land was registered in the name of the widow.
The land belonged to the late Kimitei Nyongio who died in June 1988 just days after he was released by police.
He had been detained for resisting the takeover of his land.
The widow and his children have been fighting for possession of the land for more than two decades.
More than 200 families including those who bought the land from the individuals now risk eviction from the farm.
Kimitei’s family said they will now proceed to seek eviction orders from the court.
The land in question registered LR No 9723/IRI 5449/II is valued at over Sh2 billion.