Narok County Governor Patrick Ntutu has distanced himself from the ownership of the disputed 4,720 acres of land inside the Masai Mara National Reserve after the Environmental and Lands Court (ELC) ruled in the favour of his brother Livingstone Kunini Ntutu.

The judgement made on March 6, 2025, says the governor’s brother was the legal owner of the title deed of the prestigious land, bringing to an end a 26-year-old court battle between the Narok County government and the governor’s brother.

The judgment was delivered by former Narok ELC judge, Justice Charles Mbogo, where he concluded that parcel CIS MARA/TALEK 155 should be owned by Kunini Ntutu as it sprung from an adjudication process.

“It is clear that the interest of the suit land stemmed from an adjudication process, and any issue arising therefrom should only be dealt with under the Land Adjudication Act. The county council was aware of the ongoing adjudication process owing to its acquisition of parcels,” read the judgment.

Having such knowledge, the judgement continued, the county council would have taken the necessary action to file an objection against the plaintiff’s (Kunini) land.

The judgment reads, “From the look of things, the county council woke up from slumber as it engaged the services of Gatome and Associates to carry out survey works way after individuals had acquired interest in their respective parcel of land.

“In my view, the first defendant (county council of Narok) having failed to invoke the necessary mechanism to resolve any issue arising out of the adjudication process, it would be safe to state that the first defendant forfeited its right to file any objection, read the judgement.”

In a press statement, Governor Ntutu clarified the legal battle between Kunini and the County Government of Narok is not a legal dispute between our collective family and the county government.

“This was an individual claim of the disputed land, which has been ongoing for the past 26 years and began while I was in college. Mr Kunini filed a suit in 2000 laying claim to over the disputed land on the basis that he held the title deed for the same, which sprung from an adjudication,” said the governor.

As a way forward, the governor reiterated that he had instructed the county’s legal team to review the judgment as well as the entire suit carefully so that they can advise the county government appropriately on the next cause of action.

However, tension is high on the ground as many residents living around the Masai Mara Game Reserve feel the judgement will affect their livelihood as the reserve is their main source of revenue. The land is a breeding ground for leopards, cheetahs and lions making it a prime tourist site. The land has several tented camps and hosts the famous Ol Kiombo lodge.

The case has gone through the judicial hierarchy from the High Court, Court of Appeal to the Supreme Court for determination of the ownership of the land.

However, the Supreme court, in 2018, led by the then Chief Magistrate David Maraga referred the matter back to the ELC that has jurisdiction on such a dispute to determine the constitutionality and legality of the title deed.

The first and second appellant in the case was Narok County Government while the first respondent in the case was Livingstone Kunini Ntutu, second and third respondent was Ol Kiombo Limited and the fourth respondent was Attorney General.

The county government wanted the title deed of the land quashed and given back to the regional government arguing that the land is an unadjudicated trust land, hence no title deed should be issued.

• A Tell / KNA report / By Ann Salaton

Governor Patrick Ntutu at his office