Mark Too / Sirikwa Farm Dispute (Kapseret)

By William Kiptoo

The sign to Eldoret International Airport on the Eldoret–Kisumu road. The disputed land lies near the airport. Photo: Endesia94, Wikimedia Commons, CC BY-SA 4.0.

The Mark Too / Sirikwa Farm dispute in Kapseret, Uasin Gishu County, is one of the largest and most legally consequential land cases in the region. It involves an estimated 24,000 to 25,000 acres of land situated near Eldoret International Airport and extending into surrounding settlement and peri-urban zones of Kapseret. The dispute has shaped land politics in Eldoret for years because it brings together questions of historical occupation, formal title ownership, subdivision practices, and the limits of court intervention in resolving large-scale land conflicts.

The origins of the dispute lie in competing historical narratives about how the land was acquired and transferred. One narrative, advanced by the Sirikwa Squatters Group, is that the land was originally occupied by their forefathers before it was alienated for settlement or private use. The squatters also pointed to a 1998 directive by President Daniel arap Moi which, they said, set the land aside for their settlement. According to this view, families had long-standing attachment to the land and were entitled to allocation or recognition as legitimate occupants. Over time, they argue, the land changed hands through processes they consider irregular or fraudulent, leaving them displaced from what they believe is rightful settlement land.

The opposing narrative is presented by Fanikiwa Limited, a company linked to the late Kanu politician Mark Too, by his family, and by other registered owners. The land had earlier been leased to the East Africa Tanning and Extract Company (EATEC) and was later sold by Lonrho Agribusiness (East Africa) Ltd. This position holds that the land was private property, lawfully acquired through purchase and registration under Kenyan land law, and never open for allocation to squatters. From this perspective, ownership is grounded in valid title deeds and documented transactions recognised by the land registration authorities. The government supported this position in court.

The squatters first went to court in 2007, according to the Standard, suing government departments, Lonrho, Mark Too and others, and the main case was running by 2012. In 2017, Justice Anthony Ombwayo of the Environment and Land Court in Eldoret ruled in favour of the squatters, cancelled Mark Too's titles and ordered that the land go to them, while directing that the Too family keep not less than 67.5 acres. This ruling created great uncertainty across the entire land block and the many parcels derived from it.

The case then moved through the appellate system. On 18 November 2022, the Court of Appeal upheld the ruling, finding that Mark Too had been part of a fraudulent allocation of land that had been surrendered for the squatters, and squatters entered the land the next day. Supreme Court Justice Njoki Ndung'u later suspended execution of that judgment while the appeal was heard. On 15 December 2023, a seven-judge bench of the Supreme Court reversed the earlier decisions. It found that the Court of Appeal had declared Mark Too guilty of fraud without giving him a hearing, held that the members of the Sirikwa group were not squatters on the land, and permanently barred them from entering or interfering with it. In December 2025, when the squatters returned to the Supreme Court seeking a review and interpretation of that judgment, the court again ruled in favour of the Too family.

This legal outcome effectively settled the question of formal ownership in favour of the registered title holders. However, it did not resolve the broader social and practical tensions on the ground. One of the most complex features of the Sirikwa Farm area is the level of subdivision that has taken place over time. The original large farm has been divided into many smaller parcels through successive sales and transfers. Mark Too's family has said it holds about 2,000 of the 25,000 acres, with the rest owned by other individuals and institutions. This fragmentation makes physical enforcement of court rulings extremely complex.

The dispute is also shaped by the presence of long-term occupants who identify as squatters or historical settlers. Many of these households have lived on portions of the land for years or decades. Their claims are rooted not only in legal arguments but also in lived occupation and community history. For them, the restoration of registered titles to private owners represents a loss of access to land they have depended on for settlement and livelihood.

At the same time, registered owners and purchasers argue that legal certainty is essential for land governance and investment. They emphasise that title registration provides the foundation for land transactions, credit access, and development planning. From this perspective, undermining registered ownership would destabilise the entire land administration system.

The case therefore reflects a deeper structural tension in Kenyan land governance between occupation-based claims and registration-based rights. It also exposes the long-term consequences of large-scale land conversion, where a single expansive farm becomes a mosaic of competing interests over time. Once subdivided, such land becomes difficult to administer uniformly, especially when multiple generations of transactions and inheritances are involved.

The proximity of the land to key infrastructure such as Eldoret International Airport and major transport corridors further increases its strategic and economic importance. As land values rose over time, the stakes of ownership disputes also increased, intensifying legal and social contestation.

The Mark Too / Sirikwa Farm dispute is not only a question of who owns land in Kapseret. It is a case that illustrates how historical occupation, formal titling, subdivision practices, and judicial processes interact in complex ways. Although the Supreme Court has provided legal clarity on ownership, the broader social and historical tensions remain part of the landscape. The case stands as one of the clearest examples in Uasin Gishu of how land law, history, and human settlement patterns intersect to produce long-lasting and deeply layered conflict.

Sources

• "Sirikwa group storms property to enjoy the fruits of judgment", The Standard, 19 November 2022
• "Squatters defy order to leave Mark Too's land", The Standard, 23 November 2022
• "Mark Too or squatters? Supreme Court to decide decade-long case", The Standard, 7 October 2023
• "Mark Too's family wins battle over ownership of 25,000 acres of land", The Star, 15 December 2023
• "Blow to Sirikwa squatters after court reverses Too land ruling", The Standard, 16 December 2023
• "Court rules Mark Too's family has rights to 25,000 acres near Eldoret airport", The Star, 17 December 2023
• "Why court ruled in favour of Mark Too's family on 25,000-acre land fight", The Standard, 12 December 2025

William Kiptoo writes about peace, land and memory at Journeys of a Peace Worker.