• Joseph Lekamario and 249 other squatters sued Moi and three others for evicting them
• Moi's lawyers have written to squatters threatening auction to recover costs
Image: RITA DAMARY
Pastoralists living in the disputed Eland Downs in Laikipia county, previously owned by former President Daniel arap Moi, risk being auctioned by lawyers to recover legal fees.
Kiplenge and Kurgat Advocates who represented the retired president in the case are demanding Sh8 million as costs. They have written to the squatters' lawyer Suyianka Lempaa.
Joseph Lekamario and 249 other squatters sued African Wildlife Foundation, Moi and the Kenya Wildlife Service for evicting them from their land.
They claimed 17,105 acres of their ancestral land was illegally transferred by him to KWS and later to AWF to be converted into a national park at a cost of Sh400 million.
Justice L Waithaka ruled that they did not prove their allegations and dismissed their case with costs to the three defendants including Moi.
The Kiplenge law firm says a bill of costs dated last February 21 for Sh40 million was taxed to Sh8,267,666 and a certificate of costs issued to them by Deputy Registrar of the High court on March 18.
“By a copy of this letter, a licensed auctioneer has been instructed to locate the ground and provide a list of the petitioner's movable and immovable assets, including but not limited to livestock owned by each petitioner as we prepare execution proceedings and warrant of attachment,” the letter reads.
The law firm is seeking the assistance of the Inspector General of Police and all other relevant security agencies to provide security to the auctioneer.
Kiplenge has given the herders time to communicate as soon as possible on how they intend to pay the money before the auction.
The firm has further warned the community that they are in the process of revisiting costs in the three other potions they filed.
Two years ago, Kaplan and Stratton Advocates also slapped the herders with a Sh11.8 million legal fee, representing AWF.
Speaking to the Star, Lempaa said that the pastoralists are not in a position to pay the alleged sums of money to the lawyers.
He questioned why the judge decided to grant costs to the defendants when it was a public litigation matter.
The lawyer said he has already filed an appeal against the ruling.