Former Treasury PS Benjamin Kipkech Kipkulei has accused the police of failing to protect his 700-acre property in Kenya. Kipkulei claims that despite a court order, a rival, Enock Rotich Kibet, and his associates have continued to interfere with the land. In a letter to Nakuru County Police Commander Samuel Boit, Kipkulei's lawyer, Peter Okiro, questioned whether the commander was behind the alleged continued defiance of court orders.
According to Kipkulei's lawyer, police officers were initially deployed to ensure compliance with the court orders issued in June but were later recalled. This allowed Kibet and his associates to lay ambush on the property and cause damage by illegally harvesting and carting away trees. The lawyer warned the police of pursuing contempt proceedings if the alleged interference continues.
Kipkulei is the registered proprietor of LR No. 9748/6 and Nyota/Lagwenda Block 1/3, formerly LR No. 9748/5, which collectively measure more than 700 acres. He has sued Kibet, disputing Kibet's claim to the land through adverse possession. Kipkulei argues that the subdivision process began in 2012 and was completed in 2023, making Kibet's claim of uninterrupted occupation legally untenable.
Kipkulei also accused Kibet of forcefully entering the property, destroying his farmhouse, putting up temporary structures, and felling 274 trees. Unless restrained, Kipkulei argued that he would suffer substantial financial losses, including missing an entire farming season. Kibet, however, disputes the allegations, maintaining that he has occupied the land openly, continuously, and exclusively since 2012.
In her ruling dated June 9, 2026, Justice Loyce Komingoi noted that documents before the court showed the land had been transferred to Kipkulei in 1998. The court also found that the ongoing subdivision process undermined Kibet's claim of uninterrupted adverse possession from 2012. Justice Komingoi issued a temporary injunction restraining Kibet and his agents from entering or interfering with the disputed land.
The court ordered Kibet and anyone claiming through him to immediately vacate Nyota/Lagwenda Block 1/3 and LR No. 9748/6. The Officer Commanding Sirikwa Police Station was directed to oversee enforcement of the orders and maintain law and order. However, the judge declined to find Kibet in contempt, holding that an earlier status quo order did not clearly define the situation on the ground.
Kipkulei's lawyer has warned that they will pursue contempt proceedings if the alleged interference continues. The lawyer asked Boit to clarify whether he is behind the alleged actions, warning that Kipkulei would move to court if the alleged violations continued. The dispute has brought the conduct of police officers into question, with concerns raised over their role in enforcing court orders.
Key points
- Kipkulei accuses police of failing to protect his 700-acre property despite a court order.
- The court issued a temporary injunction restraining Kibet from entering or interfering with the disputed land.
- Kipkulei's lawyer warns of pursuing contempt proceedings if the alleged interference continues.
