KNA The hearing of a case of a disputed 440-acre piece of land in Oloshapani area in Narok South sub-county pitting brothers against another brother has been postponed after one of the plaintiffs died recently.
Meliyo Tipango and Carolyn Cherono Kiprotich and others had moved to court in 2003 where they sought the court to revoke a title deed, which they say was illegally acquired by a non-member of a jointly owned parcel of land.
Mpatinga Kamuye who is a former Member of Narok County Assembly (MCA) for Ololulung’a is alleged to have illegally acquired 250 acres of land from the 440-acre land parcel.
The land was supposed to be shared among four brothers; Parmale Ole Kamuye, Kuyioni Ole Tipango, Matuya Ole Kamuye and Sidain Ole Kamuye where each was supposed to get 110 acres. Mpatinga had been allocated a different parcel of land.
Kuyioni Ole Tipango later died and one of his sons, Kanyinge Tipango was listed as a plaintiff. Kanyinge’s mother was set to testify in the case on Wednesday on behalf of her children. Unfortunately, she died three months ago prompting the court to adjourn the case.
The judge in charge of the Narok Land and Environment Court (ELC), Justice Mohammed Kullow adjourned the case to October 25, 2021.
They want letters of grant that were issued by the High Court in Nairobi to the former MCA over the estate of the deceased person Kuyioni revoked as it contravened the law.
“We are brothers of Mpatinga Kamuye and four people were original owners of the parcel of land in question. My father Parmale Ole Kamuye, our elder brother Matuya Ole Kamuye, Kuyioni Tipango and Sidain Tipango. Then Tipango died and our brother Mpatinga said he will inherit Kuyioni Tipango’s piece of land yet he left children,” Joseph Kamuye, a member of the family swore in an affidavit before court.
“We are pleading with the court to help us get justice because the case has dragged in court for long and is giving us sleepless nights,” Simon Oloshiro Kamuye said.
The fights in the family between brothers over this parcel of land has been so intense that at one point, it is alleged that Mpatinga Kamuye shot two dogs belonging to a family member with a pistol killing one and injuring another.
There are several similar cases filed in courts in Narok as disputes over land between family members and in some cases members of ranches are rampant.