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Six family members of the late colonial Paramount Chief Kibor arap Talai suffered a major setback after the High Court in Eldoret declined to stop the hearing of a criminal case against them at the lower court.

Justice Robert Wananda threw out the petition filed by the late billionaire’s family members over the Sh3.5 billion prime property dispute pitting them against Kapseret MP Oscar Sudi.

The outcome of the High Court ruling has now paved the way for full hearing and determination of the criminal case facing Nancy Talai, Margaret Talai, Lydia Talai, Simon Talai, Philemon Kiptoo and the military officer Collins Talai at Law Court.

They are said to have destroyed the property on March 22, 2023 on a section of 2,000 acres piece of land parcel no 7991/Kesses opposite Moi University campus in Uasin Gishu county.

The charge sheet states they unlawfully damaged fencing poles and barbed wire all valued at Sh674,375, the property of Eunice Talai who is a widow.

In his ruling, the Judge said that he was not convinced by the petitioner’s grounds on why the High court should quash the criminal case facing them at the magistrate’s court.

“It is therefore my finding that the petitioners have not provided sufficient evidence at this stage to demonstrate that there was any malice or impropriety in the decision to charge them at the lower court,” said Justice Wananda.

He added; “I am not satisfied with the reasons advanced for this court to grant orders stopping the case at the magistrate’s court.

Therefore, the petition dated April 4, 2023 is hereby dismissed and I make no orders on cost,” ruled Justice Wananda.

Aggrieved by their sister in-law Eunice Talai to take them to court over malicious damage of her property, the late Paramount Chief’s elder daughter Nancy Talai, moved to the High Court to block the criminal case against them.

Nancy argued on behalf of her co-accused that their accuser acted in bad faith by dragging them in the court over malicious damage of her property, a fact they contented was not true.