• Sudi’s name was mentioned in an Eldoret court where six members of the Kibor family were charged with malicious damage to property including a fence allegedly erected by Sudi who has bought part of the disputed land.
Kapseret MP Oscar Sudi is caught up in a fierce court battle over 2,000 acres belonging to the family of former Ford Kenya chairman in Uasin Gishu the late Kibor arap Talai.
Kibor was also a colonial paramount chief and owned the huge land located next to Moi University in Kesses subcounty. He died in 2012 at the age of 95.
Sudi’s name was mentioned in an Eldoret court where six members of the Kibor family were charged with malicious damage to property including a fence allegedly erected by Sudi who has bought part of the disputed land.
He allegedly bought part of the land from a Kibor in-law.
The aggrieved family claims the legislator has gone ahead with the fencing in blatant defiance of an active High Court order stopping him from engaging in any activity in the disputed property.
Alexander Jaoko, a lawyer representing the family, told an Eldoret court Sudi is using his influence to forcefully acquire a section of the Sh3.5 billion estate of their father despite the existence of a caveat on the land that is still subject of a High Court succession matter.
“As we talk here in court Sudi has gone ahead to fence the land despite the existence of clear court orders,” Jaoko said.
Jaoko was seeking to have the six family members released on bail after they denied charges of destruction of property on the land.
In the case, Kibor’s daughter-in-law Eunice Talai has accused her in-laws of destroying her property whose damage is estimated at more than Sh600,000.
On the other hand her in-laws have accused Eunice of illegally selling to the MP a section of family property without the knowledge and consent of estate administrator Nancy Talai.
The Talai family members charged over destruction of the property include Nancy Talai, Margret Talai, Lydia Talai, Simon Talai, Philemon Kiptoo and Collins Talai.
They allegedly destroyed the property on March 22 his year on the land parcel no 7991/Kesses at Moi University area. The charge sheet said they unlawfully damaged fencing poles and barbed wire all valued at Sh674,375, the property of eunice Eunice Talai.
All the accused persons denied the charge and was released on Sh100, 000 bond with an alternative cash bail of Sh50, 000.
Efforts to deny the accused bond were thwarted by the court when the presiding magistrate Christine Menya ruled that some of the accused were elderly women who could not be detained in custody over flimsy reasons.
The prosecution had objected to their release on bond claiming that the environment on the ground is hostile and if the accused were released on bond, there was a likelihood of bloodshed.
Menya however ruled that the prosecution had not tabled a probation report which she had ordered for last week to help determine bond terms.
“Due to the age of some of the accused, this court has released all of them on bond,” Menya said. The magistrate directed the matter to be mentioned on April 12 before the chief magistrate.
Jaoko told the court that the matter before court emanated from a civil case where the High Court had restrained the Kapseret MP from interfering with the property but he went on to defy High court order.
In the restraining orders, the Eldoret Land and Environment court directed that each of the beneficiaries of the estate will continue to occupy the land as at the time of the death of Kibor.
The case was filed as case number 19 of 2020 with Nancy Talai as first plaintiff and Joshua Talai as second plaintiff and MP Sudi as defendant. The land in dispute was given to Eunice Talai Kigen, wife of the late paramount chief’s son Francis, who died in 2001.
In the case at the Environment and lands Court Sudi’s lawyer Richard Cheruiyot, claimed that he had entered into an agreement with Eunice Talai to lease the land and in turn settle her debts as well as pay school fees for her children.
Eunice confirmed entering an agreement with the MP. She said the MP would lease the 30 acre-piece for 10 years and that she would sell to him a portion to recover the money he spends on her family.