Firm given 7 days to return Sh30m land to orphans
Kericho based cement company has been given seven days to return eleven acres of land worth over Sh30 million to two orphans.
Rai Cement Company which claims to own the land belonging to the orphans namely Alphonse Kipkorir Too and Hillary Kipkoech Too has one week to vacate the land.
In a demand letter to Rai Cement Limited, the orphans through lawyer Geoffrey Langat are also seeking to have the firm return to them the title documents in relation to the suit property along Kisumu -Kericho highway.
Sentimental value
The orphans are further seeking compensation of Sh10,080,000 from the cement company for illegal occupation of the land.
“ That unless we receive the said amount, title documents and vacate the said land within seven days, we will proceed to issue statutory eviction notice and institution both criminal and civil suits against you (Rai Cement Ltd) thereof with risks to yourselves as costs and consequences incidental thereto,” states the two orphans in the demand letter.
The orphans argued that the property is of great sentimental value to them as it is their matrimonial home and the remains of their parents including their deceased mother Jane Chelimo Mutai are buried there.
Kipkorir and Kipkoech were declared heirs of their late father’s estate.
The orphans state that in 2014, High Court Judge Joseph Sergon appointed one Joseph Kiptietuk Mutai as the administrator of the estate until they became of age. At that time, Kipkoech was 16 while Kipkorir was 17.
They claim that Mutai took advantage of their young age to transfer the 11.2 acres to a Sarbit Singh Rai who is a director and shareholder of Rai Cement Limited.
Subsequently, Sarbit Singh Rai transferred the land known as Kericho/ Ngomwet/384 to the cement company, the current registered owner of the property.
The orphans argue that the trustee Mutai had no powers in law to transact and transfer the said property to any other person or entity other than themselves after attaining majority age.