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The long-running dispute over land occupied by large tea estates in Kericho and Bomet has entered a new legal phase, with a Kipsigis community organisation demanding the return of land it says was unlawfully taken from its ancestors during the colonial period.
The Kipsigis Community Clans Organization, through GKL Advocates LLP, has issued separate 30-day notices to Browns East Africa Plantations Plc, Lipton Teas and Infusions NV and the Government of Kenya, signalling possible proceedings before the Environment and Land Court in Kericho.
In a demand letter dated August 12, 2026, the organisation claims that land now occupied by tea estates was forcibly alienated from Kipsigis communities by the British colonial administration between 1902 and the 1940s.
The organisation cites colonial laws and orders, including the Crown Lands Ordinances, the Native Lands Trust Ordinance of 1938 and successive Removal of Natives Orders.
The clans say the original leases were granted without the community’s free, prior and informed consent and argues that the leases are liable to have expired, or to expire, under the Constitution and land laws.
“These lands were acquired from the Kipsigis people by force under racially discriminatory colonial legislation. The original 999-year leases were granted without free, prior, and informed consent of the Kipsigis community,” read the demand letters in part.
It is demanding written recognition that the disputed estates constitute Kipsigis ancestral or community land and that a historical land injustice occurred in their alienation.
The organisation is also demanding details of the status, acreage and expiry dates of leases held by Browns East Africa Plantations and related entities, together with copies of the relevant title documents.
It wants the companies to suspend any further disposal, subdivision, charging or encumbrance of the estates while the claim is being addressed.
The most far-reaching demand is for negotiations on the reversion of the estates to community ownership.
The clans say the negotiations should focus on the modalities and timetable for returning the land and should not be converted into a compensation, equity or shareholding arrangement.
It further asks the National Land Commission (NLC) to commence or resume investigations into the alleged historical injustice.
The organisation says that, if the demands are not addressed within 30 days, it will move to the Environment and Land Court seeking cancellation of titles, community-land adjudication and other orders.
A separate statutory notice has also been served on the Attorney-General, with copies to the NLC, the Cabinet Secretary for Lands and the county governments of Kericho and Bomet.
The notice states that the community intends to sue the Government of Kenya and join the NLC unless the issues raised are satisfactorily addressed.
Among the remedies threatened in the government notice are cancellation of titles and registration of the disputed land in the name of the Kipsigis Community Clans Organization. The community also indicates that it may seek compensation and damages for alleged violations of constitutional rights.
The latest land claim challenges the underlying historical basis on which the community says the estates were created.
At the heart of the dispute is the interpretation of Kenya’s constitutional provisions on community land and historical land injustices.
The clans argues that the Government could not legitimately pass on land whose original alienation was itself the product of colonial dispossession.
The community further relies on the NLC’s constitutional mandate to investigate historical land injustices and recommend appropriate remedies.
The clans acknowledge the importance of the industry, stating that any reversion should be handled in a way that protects workers’ livelihoods and the long-term viability of tea production.
The 30-day period now puts the parties on a potential collision course, with the next step likely to determine whether the dispute proceeds to negotiations, a fresh NLC investigation, or litigation before the Environment and Land Court.
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The long-running dispute over land occupied by large tea estates in Kericho and Bomet has entered a new legal phase, with a Kipsigis community organisation demanding the
return of land
it says was unlawfully taken from its ancestors during the colonial period.
The
Kipsigis Community Clans Organization
, through GKL Advocates LLP, has issued separate 30-day notices to Browns East Africa Plantations Plc, Lipton Teas and Infusions NV and the Government of Kenya, signalling possible proceedings before the Environment and Land Court in Kericho.
In a demand letter dated August 12, 2026, the organisation claims that land now occupied by tea estates was forcibly alienated from Kipsigis communities by the British colonial administration between 1902 and the 1940s.
The organisation cites colonial laws and orders, including the Crown Lands Ordinances, the Native Lands Trust Ordinance of 1938 and successive Removal of Natives Orders.
The clans say the original leases were granted without the community’s free, prior and informed consent and argues that the leases are liable to have expired, or to expire, under the Constitution and land laws.
“These lands were acquired from the Kipsigis people by force under racially discriminatory colonial legislation. The original 999-year leases were granted without free, prior, and informed consent of the Kipsigis community,” read the demand letters in part.
It is demanding written recognition that the disputed estates constitute Kipsigis ancestral or community land and that a historical land injustice occurred in their alienation.
The organisation is also demanding details of the status, acreage and expiry dates of leases held by Browns East Africa Plantations and related entities, together with copies of the relevant title documents.
It wants the companies to suspend any further disposal, subdivision, charging or encumbrance of the estates while the claim is being addressed.
The most far-reaching demand is for negotiations on the reversion of the estates to community ownership.
The clans say the negotiations should focus on the modalities and timetable for returning the land and should not be converted into a compensation, equity or shareholding arrangement.
It further asks the National Land Commission (NLC) to commence or resume investigations into the alleged historical injustice.
The organisation says that, if the demands are not addressed within 30 days, it will move to the Environment and Land Court seeking cancellation of titles, community-land adjudication and other orders.
A separate statutory notice has also been served on the Attorney-General, with copies to the NLC, the Cabinet Secretary for Lands and the county governments of Kericho and Bomet.
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The notice states that the community intends to sue the Government of Kenya and join the NLC unless the issues raised are satisfactorily addressed.
Among the remedies threatened in the government notice are cancellation of titles and registration of the disputed land in the name of the Kipsigis Community Clans Organization. The community also indicates that it may seek compensation and damages for alleged violations of constitutional rights.
The latest land claim challenges the underlying historical basis on which the community says the estates were created.
At the heart of the dispute is the interpretation of Kenya’s constitutional provisions on community land and historical land injustices.
The clans argues that the Government could not legitimately pass on land whose original alienation was itself the product of colonial dispossession.
The community further relies on the NLC’s constitutional mandate to investigate historical land injustices and recommend appropriate remedies.
The clans acknowledge the importance of the industry, stating that any reversion should be handled in a way that protects workers’ livelihoods and the long-term viability of tea production.
The 30-day period now puts the parties on a potential collision course, with the next step likely to determine whether the dispute proceeds to negotiations, a fresh NLC investigation, or litigation before the Environment and Land Court.
By Julius Chepkwony