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7th & 8th Defendants' Application

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0% found this document useful (0 votes)
22 views21 pages

7th & 8th Defendants' Application

Uploaded by

k.ngureadvocates
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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EDWARD KIBE WANJOHI 1 ST DEFENDANT

PETER MWANGI KAHETE 2ND DEFENDANT


PHILIP LINOI SIMPILl 3Ro DEFENDANT
SAMSON KONENE NKURUNA 4TH DEFENDANT
LEMONTOI OLE DIKIR 51H DEFENDANT
DENIS SANARE NKURUNA 6rH DEFENDANT
JOSPHATMPOE 7TH DEFENDANT/APPLICANT
JOSEPH MPOE SrH DEFENDANT/APPLICANT
MOHAMED RANA.......................................•............................................ 9TH DEFENDANT

NOTICE OF MOTION
(Under ORDER2 Rule 15(1} {a},{b},{c) & {d}, ORDER36 Rule 1 {1} {b}, ORDER 40
Rule 2 & Rule 411} & (2) of the Civil Procedure Rules, ZOJO, and SECTION 3A of the
Civil Procedure Act and all other enabling 12rovisions of the law)

TAKE NOTICE;-that this Honorable court shall be moved on the


................ day of 2023 at 9.00 O'clock in the forenoon or so soon or
thereafter as counsel for the 7th & s" Defendant/Applicants shall be heard on an
application for orders:-

1. THAT the honourable court be pleased to issue an Order compelling the


Chief Land Registrar, Nairobi to furnish to the applicant's advocates being
Kanyi Ngure & Co. Advocates and/or to furnish before court a certified
extract copy of the Title Grant Number I.R. 14607 being L.R.
NO. 8669/3 in MAU NAROK, NAKURU DISTRICT delineated on
Survey Plan Number 67506 measuring approximately 4,296 Acres
and the said certified extract copy of Title be furnished within Fourteen
(14) days of service of the order hereof upon the Chief Land Registrar,
Nairobi.

Email: [email protected] bile: No. 0700-802528 Page 1 of 10


2. THAT the plaintiffs' suit as filed be struck out for the plaintiffs have no locus
standi to agitate over issues of ownership, trespass to land and/or invasion
of the suit parcel described as Title Grant Number I.R. 14607 being L.R. NO.
8669/3 in MAU NAROK. NAKURU DISTRICT delineated on Survey Plan
Number 67506 measuring approximately 4,296 Acres.

3. THAT once the plaintiffs suit is struck out, judgment be entered for the ih &
s" defendants as prayed in the Counter Claim dated and filed on 11thApril,
2023 with costs of this application and the entire suit being awarded to the z"
& s" defendants.

IN THEALTERNATIVE TO PRAYERS2 & 3 herein above


4. THAT pending the Hearing and determination of the case herein, a
Temporary Injunction Order be issued against the Plaintiff/respondents
restraining the plaintiffs or their servants/agents from entering, constructing,
remaining, taking up, evicting, leasing out, renting out and/or interfering with
the ih & gth Defendants' quiet possession and occupation of the Title
Number I.R. 43067 being L.R. NO. 8669/3 in MAU NAROK,
NAKURU DISTRICT delineated on Survey Plan Number 56590
measuring 800 Acres registered in the names of the Late Kikenyi Ole
Mpoe (deceased) who was the father to the th & gth Defendants.

5. THAT in any event costs of this application be awarded to the ih & gth
Defendants.

WHICH APPLICATION is supported by the annexed affidavit of JOSPHAT MUNKE


MPOE AND. JOSEPH KAKORE OLE MPOE and on the following grounds amongst
others to be adduced in court:-

a) THAT the Plaintiffs' suit as filed against the ih & gth Defendants discloses no
reasonable cause of action against them.

b) THAT the plaintiffs have pleaded under paragraph 4 of their Amended Plaint
that as recently as two months ago the Defendants invaded the parcel LR.
NO. 8669/3 MUTHERA FARM in MAU NAROK belonging to the Estate of
the Late Mbiyu Koinange (deceased).

c) THAT again, under paragraph 4C & 40 of the Amended Plaint the plaintiffs
have pleaded that in the Judgement dated ih May, 2020 given in Nairobi HC
Succession Cause No. 527 of 1981 RE ESTATE OF MBIYU KOINANGE
(deceased), the High Court set-apart 800 Acres of the suit parcel LR. NO.
8669/3 MUTHERA FARM in MAU NAROK for the same to be sold to pay the
debts of the Estate and further that the defendants together with other
Email: k.n&[email protected] bile: No. 07~~ois2:S' .·. '_'· .: ,F~get2.
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outsiders have taken over the 800 Acres with other parcels of land belonging
to different beneficiaries and thus the defendants have denied the
beneficiaries of the said Estate income from the 800 acres and occupation of
their rightful inheritance.

d) THAT on the part of the ih & s" defendants, they have denied that they have
invaded and/or trespassed into the suit parcel L.R. NO. 8669/3 MUTHERA
FARM in MAU NAROK as alleged and further the ih & s" Defendants have
declared in their Defence and Counter Claim that they have every right to be
on the suit parcel by virtue of beneficiary interests in relation to 800 Acres of
the parcel Title Number I.R. 43067 being LR. NO. 8669/3 in MAU NAROK.
NAKURU DISTRICT delineated on Survey Plan Number 56590 registered in
the names of their late father KIKENYI OLE MPOE (Deceased) as per the
Certificate of Title dated 1st March, 1988.

e) THAT the ih & gth Defendants have stated in their Defence and Counter Claim
that their late father KIKENYI OLE MPOE (Deceased) passed away on 14th
October, 2014 and that they are now holders of a Limited Grant Ad - Litem in
respect of the Estate of Kikenyi Ole Mpoe (Deceased) which grant was issued
on 23rd March, 2023 in Nakuru H.C. P&A Cause No. E046 of 2023.

f) THAT the th & gth Defendants have stipulated under paragraph 13 of their
Defence and Counter Claim that the 800 Acres of the parcel registered as
Title Number I.R. 43067 being L.R. NO. 8669/3 in MAU NAROK,
were extracted from the parent title GRANT NO. JR. 14607 being LR. NO.
8669/3 in MAU NAROK measuring 4,296 Acres and therefore the 800 Acres
where the 7th & gth Defendants have been residing from the time of birth are
within the said parent suit parcel GRANT NO. IR. 14607 being LR. NO. 8669/3
in MAU NAROK measuring 4,296 Acres of which the actual acreage of the
parent parcel could now be approximately 3,496 Acres.

g) THAT the ih & gth Defendants indicate that the plaintiffs have no legitimate
claim over the suit parcel LR. NO. 8669/3 MUTHERA FARM in MAU NAROK
measuring 4,296 Acres since the same is actually registered in the names of
Impulse Developers Company Limited after transfer of the parcel to the
company on zz'" May, 2006 by The Settlement Fund Trustees as per the
certified Land Records issued on gth October, 2015.

h) THAT the Plaintiffs have not pleaded that Impulse Developers Company
Limited is a company owned by the Estate of the Late Mbiyu Koinange so
that the plaintiffs in their representative capacity of the said Estate are legally
mandated to agitate over rights of ownership of the suit parcel L.R. NO.

Email: k,n&[email protected]
8669/3 MUTHERA FARM in MAU NAROK measuring 4,296 Acres on behalf of
Impulse Developers Company Limited.

i) THAT indeed, the Plaintiffs' initial plaint dated 5th November, 2020 filed in
court on 6th November, 2020 has attached an extract copy of the title for the
suit parcel L.R. NO. 8669/3 MUTHERA FARM in MAU NAROK and which
extract copy of title exhibits that the suit parcel is owned by Impulse
Developers Company Limited.

j) THAT again, the Judgement mentioned by the Plaintiffs in their Amended


Plaint being Nairobi HC. Succession Cause No. 527 of 1981; RE ESTATE OF
MBIYU KOINANGE has not indicated that Impulse Developers Company
Limited forms part of the Estate of the Late Mbiyu Koinange.

k) THAT basically, the Plaintiffs are unlawfully claiming ownership interests of


the suit parcel L.R. NO. 8669/3 MUTHERA FARM in MAU NAROK measuring
4,296 Acres without exhibiting any documents of ownership relating to the
late MBIYU KOINANGE (deceased).

I) THAT in essence, the plaintiffs who have represented themselves as


administrators of the Estate of the Late Mbiyu Koinange have no locus standi
to institute a suit and/or to agitate over legal rights in respect of the suit
parcel L.R. NO. 8669/3 MUTHERA FARM in MAU NAROK measuring 4,296
Acres for the parcel is not and was never the property of the Late Mbiyu
Koinange (deceased).

m) THAT the ih & gth Defendants contend that together with their extended
family members they have openly and without interruption been cultivating,
grazing livestock and leasing out 1,500 Acres of the parent suit parcel
GRANT NO. IR. 14607 being L.R. NO. 8669/3 in MAU NAROK measuring
4,296 Acres for over a period of 12 years from the time The Settlement Fund
Trustees transferred the said parent suit parcel to the names of Impulse
Developers Company Limited on 22nd May, 2006 thus it is imperative that the
current legitimate owner of the suit parcel is identified for a claim of adverse
possession to arise.

n) THAT the Plaintiffs' suit against the ih & s" Defendants is grossly
incompetent and an abuse of the court process.

o) THAT the ih & gth Defendants have a prima facie case warranting issuance of
orders of temporary injunction as an alternative prayer against the plaintiffs
from interference with the parcel measuring 800 Acres of property Title

Email: k.n,:[email protected]
Number I.R. 43067 being LR. NO. 8669/3 in MAU NAROK belonging to their
late father KIKENVI OLE MPOE (Deceased)

p) THAT for a suit to be heard, it must have substance and there must exist a
bonafide cause of action arising from legal rights that can be protected and
adjudicated upon.

q) THAT it would be convenient, time saving and a proper management of the


scarce court's resources if the plaintiffs' suit is struck out and thereon the ih
& s" defendants' counter claim is allowed.

r) THAT in the circumstances, it is in the interests of justice that the counter


claim is allowed with costs and the plaintiffs' suit struck out with costs.

DATED at NAKURU this llTH day of APRIL, 2023

~
KANYI NGURE & COMPANY
ADVOCATES FOR THE 718 & gTH DEFENDANTS
DRAWN & FILED BY:-
KANYI NGURE & CO.,
ADV ATES,
PLUT HSE, 1 sr FLR- RM 4E,
AL NYA'ITAAVENUE,
AB S MASACCO,
P.O. BOX 1 731-20100,
NAKURU. '-
(OUR REF:CV/KN /ELC/ 1 /ZOZ3)
Email:[email protected]
OfficeAdmin:-0700-802528 I 0721-324619

TO BE SERVED UPON:· TO BE SERVED UPON:- TO BE SERVED UPON:-

GEOFFREY OTIENO & CO, KARANJA- MBUGUA & COMPANY KANGETHE WAITERE &CO ADVOCATES,
ADVOCATES, ADVOCATES UTALII HOUSE,15r FLOOR
TAMOH PLAZA 2ND FLOOR, SPIKES BUILDING,2ND FLR RM 28 NORTH WING, UTALII STREET,
P.O BOX 13944-20100, P. BOX 7704-00100
P.O. BOX 3387-20100,
NAKURU. NAIROBI.
NAKURU.
Email: [email protected] Email: [email protected]
E-mail: [email protected] Tel: No. 0712490767 fi::~er!;[email protected]
(Advocates For The 9th Delendantl (Advocates For The 1st Plaintiff.l (Advocates For The 2nd Plaintiftl

( If any party served does not appear at the time and place mentioned such orders will be made and
proceedings taken as the court may think deem iust and expedient)

Email: k,n1:ureadvocates@1:mail.com bile: No. 0700-802528 Pau;e 5 of 10


·-
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·,·· ..

REPUBLIC OF KENYA (\ f 1 ";;;· i :~ ~ ;,.

IN THE ENVIRONMENT AND LAND COURTOF • IO/J ;A


AT NAKURU -/:./
ELC. SUIT NO. E013 OF 2020 '~
DAVID NJUNU KOINANGE 151 PLAINTIFF/RESPONDENT
EDDAH WANJIRU MBIYU 2No PLAINTIFF/RESPONDENT
-VE RS US-
EDWARD KIBE WANJOHI. 1sr DEFENDANT
PETER MWANGI KAHETE 2ND DEFENDANT
PHILIP LINOI SIMPILl •.....••..•.•.•.....•...•....••.••.•••.....•.•..•...•.•••...•...•...•...•.••.•.• 3RD DEFENDANT
SAMSON KONENE NKURUNA 4TH DEFENDANT
LEMONT01 OLE 01K1R •...•••••••••••••.•••.•.•••••••••••••••..••••••.•••••.••••••.••.•.•.•••.•••••• s" DEFENDANT
DENIS SANARE NKURUNA 6TH DEFENDANT
JOSPHATMPOE 7TH DEFENDANT/APPLICANT
JOSEPH MPOE 8TH DEFENDANT/APPLICANT
MOHAMED RANA ..........•...................•..............................•....•................• 9TH DEFENDANT

SUPPORTING AFFIDAVIT
WE, JOSPHAT MUNKE MPOE holder of I.D. NO. 12980932 AND JOSEPH KAKORE
OLE MPOE holder of 1.0. NO. 8810551 do hereby make oath and solemnly state as
follows:-

1. THAT we are the ih & gth Defendant/Applicants herein and hence competent
to swear this affidavit.

2. THAT we swear this affidavit in support of the Notice of Motion herein for
striking out of the suit plaintiffs suit and entering judgement as per our
Defence and Counter Claim dated 11th April, 2023.

3. THAT the Plaintiffs' suit as filed against us discloses no reasonable cause of


action.

4. THAT the plaintiffs have pleaded under paragraph 4 of their Amended Plaint
that as recently as two months ago the Defendants invaded the parcel L.R.
NO. 8669/3 MUTHERA FARM in MAU NAROK belonging to the Estate of the
Late Mbiyu Koinange (deceased).

Email: [email protected] bile: No. 0700-802528 Page 6 of 10


5. THAT again, under paragraph 4C & 40 of the Amended Plaint the plaintiffs
have pleaded that in the Judgement dated ih May, 2020 given in Nairobi HC.
Succession Cause No. 527 of 1981 RE ESTATE OF MBIYU KOINANGE
(deceased). the High Court set-apart 800 Acres of the suit parcel LR. NO.
8669/3 MUTHERA FARM in MAU NAROK for the same to be sold to pay the
debts of the Estate and further that the defendants together with other
outsiders have taken over the 800 Acres with other parcels of land belonging
to different beneficiaries and thus the defendants have denied the
beneficiaries of the said Estate income from the 800 acres and occupation of
their rightful inheritance.

6. THAT the 800 Acres of the parcel registered as Title Number I.R. 43067 being
LR. NO. 8669/3 in MAU NAROK. where we have been residing from the time
of birth are actually within the parent parcel and were extracted from the
parent suit title GRANT NO. IR. 14607 being LR. NO. 8669/3 in MAU NAROK
measuring 4,296 Acres and thereon the 800 Acres were registered into the
names our late father KIKENYI OLE MPOE {Deceased) who passed away on
14th October, 2014.

7. THAT we are now holders of a Limited Grant Ad - Litem in respect of the


Estate of Kikenyi Ole Mpoe {Deceased) which grant was issued on 23rd
March, 2023 in Nakuru H.C. P&A Cause No. E046 of 2023. (Annexed
hereto is a copy of the said grant and copies of the Applicant's
I.D. cards marked as '"J.M. l(aj & l(bj'J.

8. THAT the parcel Title Number I.R. 43067 being LR. NO. 8669/3 in MAU
NAROK. NAKURU DISTRICT delineated on Survey Plan Number 56590
measuring 800 Acres was allocated to our late father KIKENYI OLE
MPOE {Deceased) upon application for allocation vide the letter dated is"
December, 1987 and thereafter a letter of offer for the 800 acres was issued
by The Settlement Fund Trustees dated 11th January, 1988 and eventually a
Memorandum of Registration of Transfer for the 800 Acres was endorsed
on s" May, 1988 for a total consideration price of Kshs. 400,000/= i.e. at a
price of Kshs. 500/= per Acre at the time. (Annexed hereto is a copy
of the Application letter, Letter of offer and the Memorandum
of Transfer marked as "J.M. 2/aj, 2(bj and 2(cj respectively'].

9. THAT the Certificate of Title for the parcel Title Number I.R. 43067 being
LR. NO. 8669/3 in MAU NAROK. NAKURU DISTRICT delineated on Survey
Plan Number 56590 measuring 800 Acres was issued to our late
father KIKENYI OLE MPOE {Deceased) while dated 1st March, 1988.

Email: [email protected]
(Annexed hereto is a certified copy of the said Certificate of
title attached together with the Survey Plan Number 56590
marked as "'J.M. 3/a/ and 3/b/ respective1y7.

10.THAT on our part, we deny that we have invaded and/or trespassed into the
suit parcel L.R. NO. 8669/3 MUTHERA FARM in MAU NAROK as alleged and
further we have already declared in our Defence and Counter Claim that we
have every right to be on the suit parcel by virtue of beneficiary interests in
relation to 800 Acres of the parcel Title Number I.R. 43067 being L.R. NO.
8669/3 in MAU NAROK. NAKURU DISTRICT delineated on Survey Plan
Number 56590 registered in the names of our late father KIKENYI OLE MPOE
(Deceased).

11.THAT we hereby indicate that the plaintiffs have no legitimate claim over the
suit parcel L.R. NO. 8669/3 MUTHERA FARM in MAU NAROK measuring
4,296 Acres since the same is actually registered in the names of Impulse
Developers Company Limited after transfer of the parcel to the company on
22"d May, 2006 by The Settlement Fund Trustees as per the certified Land
Records issued on s" October, 2015. (Annexed hereto is a certified
copy of the Certificate of title for the suit parcel issued on 8111
October, 2015 marked as ''J.M. 4'7.

12.THAT the Plaintiffs have not pleaded that Impulse Developers Company
Limited is a company owned by the Estate of the Late Mbiyu Koinange so
that the plaintiffs in their representative capacity of the said Estate are
legally mandated to agitate over rights of ownership of the suit parcel L.R.
NO. 8669/3 MUTHERA FARM in MAU NAROK measuring 4,296 Acres on
behalf of Impulse Developers Company Limited.

13.THAT indeed, the Plaintiffs' initial plaint dated 5th November, 2020 filed in
court on 6th November, 2020 has attached an extract copy of the title for the
suit parcel LR. NO. 8669/3 MUTHERA FARM in MAU NAROK and which
extract copy of title exhibits that the suit parcel is owned by Impulse
Developers Company Limited.

14.THAT again, the Judgement mentioned by the Plaintiffs in their Amended


Plaint being Nairobi HC. Succession Cause No. 527 of 1981; RE ESTATE OF
MBIYU KOINANGE has not indicated that Impulse Developers Company
Limited forms part of the Estate of the Late Mbiyu Koinange.

Email: k,m:[email protected]
15.THAT basically, the Plaintiffs are unlawfully claiming ownership interests of
the suit parcel LR. NO. 8669/3 MUTHERA FARM in MAU NAROK measuring
4,296 Acres without exhibiting any documents of ownership relating to the
late MBIVU KOINANGE (deceased).

16.THAT in essence, the plaintiffs who have represented themselves as


administrators of the Estate of the Late Mbiyu Koinange have no locus
standi to institute a suit and/or to agitate over legal rights in respect of the
suit parcel LR. NO. 8669/3 MUTHERA FARM in MAU NAROK measuring
4,296 Acres for the parcel is not and was never the property of the Late
Mbiyu Koinange (deceased).

17.THAT we hereby contend that together with our extended family members
we have openly and without interruption been cultivating, grazing livestock
and leasing out 1,500 Acres of the parent suit parcel GRANT NO. IR.
14607 being L.R. NO. 8669/3 in MAU NAROK measuring 4,296 Acres for over
a period of 12 years from the time The Settlement Fund Trustees transferred
the said parent suit parcel to the names of Impulse Developers Company
Limited on 22"d May, 2006 thus it is imperative that the current legitimate
owner of the suit parcel is identified for a claim of adverse possession to
arise.

18.THAT the Plaintiffs' suit against us is grossly incompetent and an abuse of the
court process.

19.THAT the we have a prima facie case warranting issuance of orders of


temporary injunction as an alternative prayer against the plaintiffs from
interference with the parcel measuring 800 Acres of property Title Number
I.R. 43067 being LR. NO. 8669/3 in MAU NAROK belonging to our late father
KIKENVI OLE MPOE (Deceased).

20.THAT for a suit to be heard, it must have substance and there must exist a
bonafide cause of action arising from legal rights that can be protected and
adjudicated upon.

21.THAT it would be convenient, time saving and a proper management of the


scarce court's resources if the plaintiffs' suit is struck out and thereon the our
counter claim is allowed.

22.THAT in the circumstances, it is in the interests of justice that the counter


claim is allowed with costs and the plaintiffs' suit struck out with costs.

Email: [email protected]
23.THAT what is deponed to hereinabove is true and correct to the best of our
knowledge, information and belief except where the source of such
information is given.

SWORN at NAKURU by the said


.TOSPHAT MUNKE MPOE ~ ~4- .

JOSEPH KAKORE OLE MPOE

This ... 11™ ... day of ... APRIL ... 2023 )


)
BEFORE ME: )
)
)
COMMISSIONER FOR OATHS

DRAWN & FILED BY:-


KANYI NGURE & CO.,
ADV'"""',~
PLUT
ALO
ABO STI ASACCO,
P.O. BOX 17 31-20100,
NAKURU.
(OUR REF:CV/KNIELC/1/2023) (Advocates For The 'Jth & BthDefendants)
Email:[email protected]
Office Admin:-0700-802528 I 0721-324619

TO BE SERVED UPON:- TO BE SERVED UPON:- TO BE SERVED UPON:-

GEOFFREY OTIENO & CO, KARANJA- MBUGUA & COMPANY KANG ETHE WAITERE &CO ADVOCATES,
ADVOCATES, ADVOCATES UTALII HOUSE,lST FLOOR
TAMOH PLAZA 2No FLOOR, SPIKES BUILDING,2No FLR RM 2B NORTH WING, UTALII STREET,
P.O BOX 13944-20100, P. BOX 7704-00100
P.O. BOX 3387-20100,
NAKURU. NAIROBI.
NAKURU.
Email: [email protected] Email: [email protected]
E-mail: [email protected] Tel: No. 0712490767 /[email protected]
(Advocates For The 9th De[endantl (Advocates For The t" Plaintiffl (Advocates For The 2"d Plaintitf.l

Email: k.n&[email protected] e: No. 0700-802528 Pa&e 10 of 10


-

Limited Grant ad Litem under section 54 and the S'h schedule

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAKU
PROBATE AND ADMINISTRATION

CAUSE NO. E046 OF 2023


IN THE MATTER OF THE ESTATE OF KIKENYI OLE MPOE (DECEASED)
LIMITED GRANT OF LETTERS OF ADMINISTRATION AD LITEM

BE it known that letters of administration ad litem of all the estate of the above-named KIKENYI OLE

MPOE who died domiciled in Kenya on the 14TH OCTOBER, 2014 which devolves to and vests in his

Personal Representatives but limited to the purposes only for filing suit, and until further representation

were granted by this Court to JOSPHAT MUNKE MPOE and JOSEPH KAKORE OLE MPOE they

having undertaken to administer such estate according to Law (limited as aforesaid) and until further

representation be granted and render a true and just account thereof whenever required by law to do.

A GRANT OF LETTERS OF ADMINISTRATION AD-LITEM do issue LIMITED to filing and/or


proceeding to defend and make a counter claim in a pending suit instituted against the interests of
the deceased for a land claim being case No. Nakuru ELC Suit No. E013 of 2020 and/or to pursue
any other legal rights and benefits accruing to the deceased's estate.

ISSUED by the High Court through the registry at NAKURU this 2JRD day of MARCH, 2023.

OHOCHIS.M.
THE HIGH COURT

11
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KXKF,NYI OLE MPOE AND


SAIYOMI'.l' OLE RANA
}J.,G .. BOX 757
~AICURU. (I //

15.12 .. 1987 JJ11. Z~)


HIS EXCELLENCY ~p'({)~cl • ' .
~tJ~· ..
THE PRESIDENT OF K.I£NYA . ',:,:
P.O. BOX 40530
~~ ?,~··.··.
/,, c-\ .. .•.,,
NAIROBI. ~R'·rJ..97 ~ ·,
~ \

,·.,
..., "1' <.(.... ._; •
RE: APPLICATION FOR ALLOCATION OF LANO L.Ro 8669/3 ·\v ~ 1·,
A...~D 8669/4 RES.l'ECT.IVELY ,-..:1.
(_.,
', ...
We the above mentioned kind1y request your Excellenee the,:,
President of' the Republic of Kenya that you allocate us th~~-....:.:···
above l.and situate in Mau.~ar•k• Ne.kuru Dist,ricto -····-

We ha~e b ee n wo~li;ing and li~-ing in ·th~ s aa d f'arm from October


1947 and we don• t k:ns,wanywhere e1se ,~..here we c an call hemo
apart from the said lando_

'l"he 1.and :f'o1·merl.y belonged t0. Guater G. •. Class ·and in 1977


he surrendered t0 settlement fund truet&
Y~ur Excellency we are look:i.ng forward to your kind eonsidere.tion6
Thenks ~n advanc~~

.K.I.KENYI: OLE MPOE

SAIYOMIT OLE RANA

c.c. THE COMMISSIONER OF LANDS


PoO• BOX 30039
NA:tRO.BI.

THE DIRECTOR
.SETTLEMENT FUND TRUST
P. 0 •. BOX ~01*.50
NAIROBI

THE PHOVINCIAL COJ!.'lMISS:IONER


RIFT VALLEY PROVINCE
P.O. BOX 28
NAKURU

THE DISTRICT COM..~ISSIONER"


NAKURU DISTRICT
P.O. BOX 81
NAKURU.

13
MINISTRY OF LANDS AND SETTl..EMENT
LANDADJL:DICATION AND
'!";·k,~,.uns ··1 v,n, .r:" \ ii1ob1
·:~! ;,11,,ue: ~airohi ;;i;oso SETTLEMENT D~P.'\[ffMt:·rr
P.O Box 30'.!97
~;;t~:. ~:~§r.e'i.ti~1)10.20.
111
und date
NAIR OB!

...... .HJP. .. Jl?-t;i,ll;}.cy ....... l<J.88

KIKENYI OLE MPOE


C/0 District Lnud Adj/Settlement
P.O. BOX 84,
NAKURU.
Officer s. f\1,
\I
2 \E ·
/,) II

DEAR Sir/M;:;.d;,m,

SETTLEMENT PLOT L.R 8669/3- LETTER OF OFFER


I c!Dl pleaood to inform that your ~pplic~tion for
SUCCtossful.

The Government, through the Sttl:miant Fund Trustees of Post Office Box Number
30449, Nairobi, u body corporate established under Section 167 of the Agriculture
Act (Cap .318) hexeby offers you the above plot of ~pproximo.tely 800 Ha. at M.zu
· Narok in NAKURU DISTRICT, The land :J.s 'Valued Bt Ksh. 500 /= per acr e ,

In pursuant . thernto , p.Laaae not;e the t you are required to report to the Diat.ric.t Land
Adjudic~tion end Settl~mcnt Officer, NAKURU DISTRICT so that you arc shown the
plot boundar teo and be issued with a lotter confirming this befor o document; ..,.~ion~

Please make cr r angement.s to pay the totl:" 1 · va.Iue of land to enab Le rt1gistratiou j ) //
r.nd Lseuance of Title to you. i. ( (', · ~}
f ai thfuJ..ly,
This Is the oxhlblt mar1<ed .... ~1- ~-
rnfoo~ l'1,Alltt :11m1ixn~tt}'IC1vi1('0ocw11ou. /}~ t'
of- us/#lrl--r~d-{)..!'."7!4.. ftt.v f7 C»: .
-/~.-ii"7.ii::b.
sworn/l'Jr.ctar11<1 bt1foni me th1s. .• 1
/} fl 1 .
ctay ot-rY1fl#-!:l:f-.2J1..lP14..,11•• l..YD...f}:fA,I~ •
DIRECTOR OF LAND CTUDICATION AND SETTLEMENT
FOR AND ON BEHALF OF SETTLEMENT FUND TRUSTEES

c.c
Permanent Secretary, The District Commissioner
Ministry of Lands, P.6. Box 81,
P.O. BOX 30450, NAKURU.
NAIROBI.

District Land Adjudic~tion and Settlement Officer,


P.O. Box 84
}TAKURU.

14
REPUBLIC OF KENYA

ztt
Serial No · . DEPARTMENT OF LANDS
LAND TITLES REGISTRY
To:
THE CoMMTSSIONBR OF LANDS (RECORDS BRANCH).
THE COMMISSIONER OF LANDS (VALUATION omce).
THE COMMISSIONER OF LANDS (LAND RENTS).
NAlROBVM~J', frl,
THE COMMISSIONER OF INCOME TAX.
THE CITY VALUER. NAIROBI. .
. THE MANAGING DIRECTOR, KENYA RAILWAYS.

THE TOWN CLERK, - , - .


THE CLERK, CoUNTY CouNCIL oF - .
THE SENIOR ECONOMIST/STATISTICIAN, P.O. Box 30289, NAIROBI.
THE EXECUTIVE OmCER, THE. PROVINCIAL AGRICULTlJR.AL BOARD, P.O. Box, .
MEMORANDUM OF .REGISTRATION OF TRANSFER OF LANDS

. f ~h:~·:~~;~~~C.~°.' ~: : :,::y~:,:·:::::iaLZ.~/
D . fD 11 5. l ~B.~ . ,g,C%~~1
roflur•iil t:,..~ 1~''A~.!J.l!:XfJtl1W11l~vit/.
ate O
Transferor
ocum;~~~-TLB.NiiNT FUJqD-. TRUST
\ _
t'lf-f Q..~p.,1:1q
ii.f+t;4),{.t
:;u,,;.1t.1/;. ··
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• ":ti" :r;:]JIL,,.
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Tr ansf1eree KIKENYI OLE iVIPOE ,. - c;·. ~1ii.il~shi'i~i-·1~r'o~tt~~'·
. .. ··:···· ·: •.. /
•••• .. ,,,, o,..-.,-«u•·••••·-•••-,, .. ,.,,.,,,uo,,o••••••u••••••••••••••"''"'''''''''''''' .. ''' u, ...o•-u••••-•-••o ... uu,00,,,,,,0,,,,,,,,,,,,,,,,,,, .. .,.,,,,,,,,,,,,._, ....,,,,,,,,.,,,,.,u,,,,uu,,uoo,,,o,oo,o,,ooo"•••••••H••••
0,,,

Address of Transferee, P.O. Box .757 N.AKURU ._ · · ,, .


L.R. No: ~.§. ?.9.!.J _.. . . . . . . . . (Orig. No §.§..Qp·- e: ,..,.:;:;..:;:;;:::r::-:l>t...._-." )
Area - 800. _00 .. Ha - - ,._ - ,(~~-- "_P:::i1-~-~:--~-·~-- ~;.,:.::::'"" .
~::::;~; ::4:Ji~.!l:!;;~~~-LDlSTRiUT.,.-----if;-:-Tiit-'--'f!.:.J_u_02J .,. '\\· _
S ·~·-'- /.. , _.................... . _ ..,,: h., .. r;;,.1) ..
. FREEHOLD . .:···

~~~a::;~~:~~z~iQ~~===-=~=:=~=~~====~===-==:=~: =-~~==~·;;.-=~=:.
Presented by : .:. : : _ .., , . ,....................... .

Date of Presentation ....... ~y . 4. 5 .1988


-.. _ .

ESTHER KIIGE . .
.......... " . for Registrar of Titles. ·

'Noted by Checked by . Remarks


OFFICER I.C ECORDS:

Land Register , •
Return of Grants
Files
Cards
RECORD DRAUGH'fSMAN

VALUATION OFFICE . ••

___, ,_ - _,, ,__ - l--·""" __ . . 0 _,,o '""'"''-"•••0•1"•'"' .. -''"' N_ _,,..,.., .. .,, ...

-GPK (L)
-•
REPUBUC

THE REGISTRATION
OF KENYA

OF TI'ILES ACT
(Chapter 281)

r~ ~ 1
: < z.
) '~ Z 1 HEREBY CERTIFY
~~,C~~,~~
that JCIKENYI OIE MPO~
TITLE

: ... < ~
I~~z
· Z of POST OFFICE '30X NUMBER 757 NAKURCJ
j ~ i::.t.:1 J 1:4607/6
E- ~ I'in the Republic of Kenya pursuant to a Transfer registered as Number I.R. IS ~now the
~ U registered proprietor{s) as owner(s) for an estate in fee simple
~o
~o of ALL that piece of land situate in MA :1 NAROK

in the NAKURU District containing by measurement :Sight hundred decimal nought


nought (800.00)
lfeot~~madtTaC'tX«JCXXX

x)J~acrcs) or thereabouts and being Land Reference· Number 8669/3

(Original Number

as delineated on Land Survey Plan Number 56590

annexed to the said Transfer)

SUBJECT however· to the Act Special Conditions Encumbrances and other matters
specified in the Memorandum hereunder written

IN WnNESs whereof I have hereunto set my hand and seal this first

day of ¥.arch eight

MEMORANDUM
)..AND TITUlS R~C.ISTRY-NAltl.OIJl.KENYA
Rf:OISTicAT,O:t OF TITLES ACT
REG!STE~::D ;..s l\u. LR .. Y7.3. Qf7. { /
Pmct1tcd... f'Str M~~.~---··...... 9....f' ..... ~.
2. The sptcial conditions cour.~iue~ in grant registered as nu2fi't6~;;:Jw -~~
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