Court finds Sudi, Mara Resort title fraudulent, bars them from disputed Kilgoris land

The Environment and Land Court in Kilgoris has temporarily barred Kapsaret Member of parliament (MP) Oscar Sudi and his co-defendants from interfering with a disputed parcel of land in Kerinkani, Transmara, after finding that the title they rely on was allegedly fraudulently procured.

Justice Michael Ngolo Mwanyale issued the injunction in a suit filed by Neel Ashwin Gudka and Akash Kirit Gudka through their lawyer Senior Counsel Ahmednasir Abdullahi, who are seeking to protect their ownership rights over Title No. Transmara/Kerinkani/772 pending the hearing and determination of the main case.

Also restrained by the court are Mara Golf and Wild Resort Ltd, Nakuyiet Ndorotet Kura and Stephen Partareto ole Barta.

In a ruling delivered at the Kilgoris court, Justice Mwanyale held that the applicants had satisfied the legal requirements for the grant of an injunction, having established a prima facie case and demonstrated that they stood to suffer irreparable harm if the orders were not granted.

“The applicants having demonstrated a prima facie case as well as irreparable injury to be suffered, the balance of convenience when weighed between the two interests of the two parties favours the Applicant,” the judge ruled.

The court found that the applicants are the bona fide registered proprietors of the property, relying on an earlier judgment that affirmed their ownership and noting that, as registered owners, they are entitled to the statutory right to quiet possession of the land.

During the proceedings, Senior Counsel Ahmednasir Abdullahi, appearing for Neel Gudka and Akash Gudka, argued that there were no competing valid titles over the property because ownership had already been conclusively determined in Kilgoris ELC Case No. E008 of 2022 between Neel Gudka and Osika Ole Roitei.

“The applicant submitted that a party without a valid title could not pass any title to another. And that the 1st Defendant’s title was legally non-existent,” Ahmednasir submitted.

Justice Mwanyale observed that the title held by Sudi and Mara Golf and Wild Resort Limited was fraudulently procured, adding that permitting the respondents to continue asserting rights over the land on the strength of the disputed title would expose the applicants to irreparable injury that could not be adequately compensated through damages should they eventually succeed in the suit.

The court further held that the balance of convenience tilted in favour of preserving the applicants’ proprietary rights until the ownership dispute is fully heard and determined.

Consequently, the judge replaced earlier status quo orders issued on April 16, 2026, with broader injunctive orders, finding that the previous directions were inadequate in light of the respondents’ alleged conduct.

Under the fresh orders, Sudi, Mara Golf and Wild Resort Ltd, Kura and Barta, together with their agents, servants and representatives, have been barred from asserting ownership, exercising control over, entering, occupying, developing, transferring, charging, leasing, selling or otherwise dealing with the disputed property.

Kura and Barta were specifically restrained from accessing, developing, leasing, selling or transacting in the land either personally or through any company, nominee, proxy or related entity.

Justice Mwanyale, however, emphasised that questions regarding the validity of the competing titles and the ultimate ownership of the land would be conclusively determined during the full hearing of the suit and not at the interlocutory stage.

Having found merit in the application, the court granted the temporary injunctions sought by the applicants and awarded them the costs of the application.