A Kajiado family is crying for justice on realising his kin sold his entire 140 acres of land 7 years ago to a relative.
To add injury to an already devastated man, Liltoika ole Leindoi, 43, was arrested by police on Wednesday for allegedly destroying fencing materials on the farm he inherited, years ago, from his late father.
Leindoi explained he had gone to his farm to clear where he would establish his family house in his Motoroki farm in Mailua group ranch, Kajiado Central Sub-County when policemen guarding the farm arrested him and took him to Namanga.
The man, who is married with 5 children, said after he was released from Namanga police station with a bond of Sh20,000, he was instructed to report to Kajiado DCI offices on Thursday to record a statement on claims of trespassing into private property.
“It is only this week that I discovered my uncle, who is a former chief had allegedly sold my land I inherited from my late father to another man in 2014,” claimed Leindoi as he shaded tears uncontrollably. He identified his uncle as retired chief Samalek Ndulo.
Chief Ndulo Confirmed Sale of Land
Ndulo confirmed he sold the land to another person at a cost of Sh4 million in 2014.
He also confirmed there was no written agreement when he sold the land to the man, he described as his brother in law.
“I married his sister, and therefore, he is my brother in law and there was no way we could sign agreements with a trusted relative,” he said.
He went on: “Wakati alinunua hiyo shamba, alikuwa Mkubwa wa serikali. Hii shamba ilikuwa inamilikiwa na ndugu wangu marehemu. Hakuna shida ya kuuza shamba ya ndugu yangu kama amekufa. Kimila inakubali,” he said.
Loosely translated: – When he bought this farm, he was a top government official. This farm belonged to my late brother. There is no problem in selling my brother’s land when he is dead. Our tradition allows.
Ndulo, however, said he did not leave his nephew (Leindoi) empty-handed because he paid him Sh1.05 million and gave him 15 cows.
I Was Shown the Land
“I gave my nephew the money and cows 16 years ago when I acquired the land from the officials of Mailwa group ranch led by its secretary, Jackson Maraswa. Maraswa showed me the land and even issued me with the land title deed,” claimed Ndulo.
He also claimed there was no formal agreement with his nephew when he acquired Leindoi’s land because “he is my child” and did not expect that he would later claim the land again.
Our investigations, however, have revealed the first land titles in Mailua were issued out in Mailua in 2014 by the then Kajiado Central MP Joseph Nkaissery, who later became the country’s Interior CS.
We have also established that 16 years ago, Maraswa was serving at the Kenya Defence Forces (at the time was Kenya Army).
Maraswa denied he transacted any land issues with Lendoi, adding that at the time he was serving in the army.
Ndulo had earlier claimed he sold the 140 acres with a title deed which was later in 2014 transferred to another person’s name.
An elder in Motoroki, Konket ole Kakuro, who was an official of the Mailua group ranch in 2013 said issuance of land titles in the ranch was stopped in 2015 after clashes erupted between members.
He claimed Leindoi is the rightful owner of the land they have established was sold to another person.
Another elder, Paul ole Roine, said that on receiving information this week that former chief Ndulo had sold the land, he convened a family meeting which was attended by 200 members to deliberate on the matter.
“When we asked Ndulo why he sold his nephews land, he became adamant and told us the land now belongs to someone else and there is nowhere we can go for that matter,” said Roine.
Roine has asked the person who bought the land to surrender it to the owner and demand his money from the former chief.
“We are telling him if he is man enough, to surrender that land to the rightful owner or he faces the wrath of the elders. We may take the only option, which I cannot disclose here, against him which will not be favourable to his entire life,” said Roine.