The High Court has quashed a bid by a  Uasin Gishu family to reclaim 400 acres of land compulsorily acquired by the government 44 years ago.

Eldoret Environment and Land Court judge Stephen Kibunja, while issuing the verdict on the matter that has been pending in various courts since 2008, said the acquisition by the government was lawful.

The case involved 618 acres of land owned by Kiptalam arap Cherunya. After Cherunya’s death, the case was taken over by his four children: John, Sammy, Grace and James Cherunya, who were administrators of his estate.

“A declaration is hereby issued that compulsory acquisition by the government of 400 acres from the petitioner’s LR NO. 8148 measuring 617 acres, was validly done,” read the court judgment.

“The respondents (National Land Commission and Land registrar) are therefore directed that the said acquisition be duly noted on the registers of LR No. 8148, Eldoret Municipality/Block 15/2366, and the subdivisions thereof that have not been allocated to private individuals/entities.”

Cherunya had moved to court seeking to reclaim  the land which the government had acquired in March 1978.

He sued the National Land Commission, Chief Registrar of Lands, the Land Registrar Uasin-Gishu District and the Attorney General.

Cherunya told the court that the government had acquired the land for industrial, residential, shopping centres development and ancillary but instead sold it to individuals.

He asked the court to cancel the sale of the land and revert it to him.

He had also claimed that although he had the original title of the land, the Commissioner of Lands had issued titles to the individuals who joined the case as interested parties.

Justice Kibunja agreed with Cherunya that although the land was validly acquired, the move to allot it to private individuals was unlawful.

The court noted that a section of the land was allocated to Industrial and Commercial Development Corporation (ICDC) and Rivatex Company and the rest sold to individuals.