Narok Governor Patrick Ole Ntutu is set for a legal battle with his brother, Livingstone Kunini, after announcing that his administration will appeal a court ruling delivered on Thursday.
The Narok Environment and Land Court ruled that the disputed 4,720 acres of land within the Maasai Mara Game Reserve legally belongs to Kunini.
The court further ruled that the county government should pay Kunini all revenue collected from the land over the past 26 years.
This ruling brings to a close a 26-year legal dispute between the Narok County Government and Kunini, a member of the prominent Ntutu family.
The case revolves around the contested boundary delimitation of the Maasai Mara National Reserve in the Talek area.
In response to the ruling, Governor Ole Ntutu stated that he had instructed county lawyers to review the judgment and take appropriate legal steps to challenge it.
“As a way forward, I have instructed the Narok County Government’s legal team to carefully review the judgment and the entire suit so they can advise the county government on the next course of action including an appeal,” he said in a statement.
According to the court documents, the Narok county government is involved in the dispute as the registered owner of the Maasai Mara National Reserve, having inherited the role from the former Narok County Council.
The disputed parcel, registered as CIS MARA/TALEK 155, is a prime tourist site, serving as a breeding ground for leopards, cheetahs, and lions. It is home to several tented camps and the renowned Ol Kiombo Lodge.
In a statement, Governor Ole Ntutu emphasized that the legal dispute is between Kunini and the county government, not the larger Ntutu family.
“One of the parties in this legal dispute is Mr. Livingstone Kunini, who claims to be the absolute registered owner of the contested land. For clarity, I am the Governor of Narok County, and Mr. Kunini is my brother,” the governor said in a statement.
“However, it is important to note that this legal dispute is between Mr. Kunini and the County Government of Narok—it is not a dispute between our family and the county.”
The governor further clarified that the case had been ongoing for 26 years before he assumed office.
“It is also crucial to state that this legal dispute began while I was still in college,” he added.
According to court documents, Kunini first filed the suit in 2000 (Civil Suit No. 1565 of 2000), claiming ownership of the land based on a title deed acquired through adjudication.
The parties initially reached a consent settlement, which was adopted by the High Court as a Consent Judgment.
However, the Consent Judgment was later overturned, leading to a full hearing.
Dissatisfied with the High Court’s decision to set aside the Consent Judgment, Kunini appealed to the Court of Appeal (Civil Appeal No. 109 of 2014), which ruled in his favor, reinstating the Consent Judgment.
The Narok County Government, as the legal successor to the Narok County Council, challenged the ruling at the Supreme Court of Kenya.
The case was listed as Narok County Government & Another vs. Ntutu & 4 Others (Petition 3 of 2015) [2018] KESC 11 (KLR) (11 December 2018) (Judgment).
In 2018, the Supreme Court, led by then-Chief Justice David Maraga, referred the case back to the Environment and Land Court (ELC)
The apex court ruled that the ELC had jurisdiction to determine the legality and constitutionality of Kunini’s title deed, particularly whether it had been acquired legally or was marred by fraud or irregularities.
The county government maintains that the land is unadjudicated trust land, arguing that no title deed should have been issued in the first place.
After a full trial, the Environment and Land Court delivered its judgment on March 6, 2025, stating, “In light of the above, it is my finding that the first defendant had no legal justification to remain on the plaintiff’s land or to collect revenue that rightfully belongs to the plaintiff. The first defendant is, therefore, duty-bound to provide an accurate account of all monies received and pay the full amount to the plaintiff.”
The Narok County Government now seeks to have the land title reverted to the county.
