Reprieve for Kitale school after Senate gives orders on disputed land

Tuesday, August 10th, 2021 17:51 |
Private Developer Nathaniel Tum protesting against petition. PHOTO/EMANUEL TARUS

The Senate Lands and Natural Resources Committee has directed the Lands Survey department in Trans Nzoia County to resurvey the disputed Kitale School land.

The committee chairperson who is also Nyandarua County Senator Paul Mwangi Githiomi said the committee will prepare a report before September this year.

Speaking to the press after inspecting the 10 acres disputed land, Githiomi said the committee will ensure the land is surrounded back to the original owner.

"After listening to the petitioners and the accused, we've resolved to resurvey the whole piece of land before we can do a comprehensive report.

Presenting the petition to the committee, ACK Diocese of Kitale Bishop Emmanuel Chemengich said the procedure of allocating the public land designated for Kitale School was illegal and unprocedural.

The Bishop pleaded with the Senate committee to grant justice to Kitale School so that their three decades struggle does not go wasted.

"By returning the land to Kitale school, you will be sending a strong statement that no person or office, including the Commissioner of Lands, is immune or above the law, and should not abuse their powers," Chemengich said. 

During the hearing of the petition, Nathaniel Tum a private developer claimed to legally own the said piece of land.

Tum said he acquired the piece of land in the 1994 and started the process of developing it.

"I am the legal owner of this land, I acquired it in 1994, later developed it by investing 250 million shillings, in fact the late President Daniel Arap Moi opened the petrol station," Tum said.

Trans Nzoia County Senator Dr. Michael Mbito who is also an alumni of Kitale School dismissed Tum and called on the government to ensure the land is surrendered back to the school.

"One Nathaniel Tum is a serial land grabber, he was mentioned in KARI land as well the KEPHIS land grabbing, this information will help the committee in writing the report," Mbito said.

The developer hived off the schools land which has girl's dormitory, sewage system and tree nursery.

On 10 May, 2010, the Commissioner of lands cancelled the developer's title deed by gazette notice.

The developer moved to Kitale High Court where Justice Joseph Karanja ruled that Tum acquired the land procedurally and in accordance with the law.

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