•Moi's lawyers led by Juma Kiplenge say they will move to the Court of Appeal over the land dispute
• Ex-Chief Chelugui's family argue that they had suffered irreparable damages after their land was grabbed
Image: FILE
Retired President Moi will appeal a High Court decision requiring him pay Sh1 billion compensation to an Eldoret family for an alleged grabbing of their land.
Moi’s lawyer Juma Kiplenge said they had already filed a notice seeking stay of execution of the order issued by Justice Anthony Obwayo of the Lands and Environment Court in Eldoret.
“We have already filed notice of appeal and stay of execution of the High Court ruling because we have many facts that were ignored in the ruling,” said Kiplenge.
Moi’s son Gideon, who is also Baringo Senator, instructed the lawyers to quickly move to the Court of Appeal over the matter.
Obwayo made the ruling last week after the family of ex-chief Noah Kipngeny Chelugui claimed that on September 21, 1983, the former president forcibly took over a 53-acre piece of land which they owned.
It was claimed lands officials in the region were ordered to transfer and register the property located in Eldoret town under Moi. It's claimed that Moi later sold the land to Raiply Woods company owned by Jaswant Rai family.
Chelugui died in 2005 and members of his family said they had suffered irreparable damages since they were displaced from their farm.
Obwayo ruled that the former President’s move was illegal and ordered both Moi and Rai Plywood (K) Limited to pay Chelugui’s family Sh1 billion, which is the current value of the land.
However, one of the trustees of the land in question has come out with new details on the land which Moi’s lawyers will use to file their appeal.
“We believe we have strong reasons to appeal against the High Court decision,” said Kiplenge.
Rai Plywood company located in Eldoret has been cultivating the land since 2007.
“We have forgiven Moi and anyone who wronged us on this land and we hope to settle it as soon as possible as per the court ruling,” said Susan, Chelugui’s widow. She filed the case along with her son David.
Rai lawyers said they bought the land from Moi in 2007 and there had been no other claim on it.
Susan and her son David sued Moi, Rai Plywood, the District Land Registrar, Uasin Gishu District, the Registrar of Titles and the National Land Commission in 2014.
Moi lawyers tabled at the court a title deed and other documents but Obwayo said they did not prove how they purchased the land.
“There is no iota of evidence as to how the former President was registered as the proprietor of the suit land, which was part of (property) that belonged to Noah Kimngeny Chelugui. The state counsel stated that these were orders from above by the first defendant, who was the President (Moi),” said the judge in his ruling
“The court finds that the statement borders on illegality, impunity and procedural impropriety. This court cannot protect property that was acquired through impropriety.”
Obwayo noted that the land was illegally taken over from the Chelugui family.
“Though cancellation of the title is an available remedy, the appropriate remedy is compensation in terms of the value of the land without improvements as the respondents have heavily invested on it and have been in possession for a long period of time.
Justice Obwayo noted that the land in question was prime and located in Eldoret town.
"I find evidence that the property is prime within the municipality of Eldoret and along Uganda Road, and therefore Sh1,060,000,000 is a commensurate compensation to the petitioners.”
Cheluguis family as represented by lawyer William Arusei.