Moi Land Case: Former President Daniel Toroitich Arap Moi has been ordered to pay a mother and her son some Sh. 1 billion for grabbing their land.
In a landmark ruling against the Moi, the high court Judge Antony Ombwayo orders former President Moi to pay Susan Cheburet Chelugui and her son David Chelugui Sh. 1 billion for grabbing their land.
“…acquisition of the said properties by the 1st and 2nd respondents were arbitrary unconstitutional, irregular, unprocedural, tainted, a nullityab initio and therefore not worthy of any constitutional protection,” ruled the judge.
The judge noted that the Ksh.1 billion compensation is a commensurate compensation to the petitioners for the loss of their land through an unprocedural scheme.
“The 1st and 2nd respondents do pay and are hereby ordered to pay the estate of the Late Noah K. Chelugui the prompt payment in full of just and current market value of the said properties….,” said the judge.
In the case, Ms. Chelugui and her son David Chelugui said Moi transferred their family land to himself in 2007; two years after the death of her husband Noah Chelugui, who was a chief during Moi’s regime.
The former president is then said to have sold the land to Rai Plywood Limited.
“The property Eldoret Municipality/Block 15/239(53 acres) which had gone to the Retired President Daniel Toroitich Arap Moi was subsequently sold by him (the Retired President) to the Rai Plywood (K) who have since taken possession, occupation, enjoyment and use of the said property,” reads court documents.
The said land is located along the Uganda Road in Eldoret, Uasin Gishu County. This is not the first time that the former president is in soup for illegally grabbing land. In April this year, a judge cancelled titles of four parcels in Eldoret issued to a company associated with former President Daniel Moi and late minister Nicholas Biwott.
High Court judge Anthony Ombwayo ruled in favour of the Ethics and Anti Corruption Commission. He held that the company, Lima Limited, un-procedurally obtained titles to the land that had been alienated as public land.
“This court finds that the allocation and issuance of leases to the 1st defendant of Eldoret municipality block 4/129, 4/52, 4/53, 4/54 and 4/55 is void and incapable of conferring any estate interest or right,” Justice Ombwayo ruled on April 11.