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Senator Kamar wins Sh400 million Eldoret land court battle

The nominated senator, Professor Margaret Kamar, has won a court battle over the ownership of two prime plots of land in Uasin Gishu, which are currently valued at more than Sh400 million.

The Eldoret Land and Environment Court declared her the rightful owner of the main disputed properties measuring more than 50 hectares.

Kamar and her daughter Maria Soti are directors of Elfam Company Limited, which owns the land in question, and also testified before Justice Elijah Obaga, who was hearing the dispute over the ownership of the two parcels of land located in Moiben sub-county.

Justice Obaga stated in his judgment that Kamar, widow of former Cabinet Minister Nicholas Biwott, was the legal owner of two 50.3 hectare properties situated along the Eldoret-Iten road.

Kamar was embroiled in a case over a failed sales agreement she had entered into with Wilson arap Maina, younger brother of former House Comptroller Abraham Kiptanui, six years ago.

Maina claimed to have purchased the land and paid Kamar for it through a sale agreement.

“The accused is hereby declared to be the legal registered absolute owner of Block 13/4 of LR No Sergoit (Koiwoptaoi),” Justice Obaga stated in his verdict. The judge ruled that the senator was free to sell and use the two parcels of prime land in accordance with the court verdict.

However, Justice Obaga ordered Kamar to refund the money that had been paid through the aborted deal.

“The plaintiffs will be refunded the amount paid in respect of the canceled agreement for LR No Sergoit/Koiwaptaoi Block 13/4 less the 10 percent deposit that has been lost to the defendant,” said the judge who ruled that the sale agreement between Kamar and Maina is terminated.

The judge also awarded the senator damages amounting to Sh10 million.

The court also issued a permanent injunction restraining Maina or his agent, servants or any other person from encroaching, entering, selling or dealing in any manner with the land parcel LR NO Sergoit/Kokwaptaoi Block 13/4. Maina had argued in court that Kamar failed to fulfill his part of the sale agreement.

Maina, through his company Kobilo Farm Limited, sued Kamar and his daughter for failing to transfer the two plots of land he had purchased from them in 2018.

Through his lawyer Patrick Kibii, Maina had told the court that he had signed a sale agreement with Kamar and his daughter on July 9, 2018 regarding the land in question.

“I fulfilled my part of the agreement by paying Sh194 million. The balance of Sh6 million was to be settled when the two accused handed over the property to my company,” Maina had argued in court.

He claimed that Kamar and his daughter did not transfer ownership to him, forcing him to seek legal redress. Maina narrated how his efforts to access and utilize the land parcels frustrated Kamar for a long time.

“I was also surprised to learn that the senator had used the disputed property as collateral to obtain a loan of Sh22 million from the Commodity Fund which she is yet to repay,” Maina argued in his affidavit.

However, Kamar and his daughter denied Maina’s claims and argued that it was the buyer who breached the agreement. They accused Maina of failing to pay the remaining balance as agreed in the sales agreement. The senator insisted that she was the legal owner of the parcels of land and she noted that at no time had she transferred them to Maina.