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Kenya:Moi to appeal land case ruling

By Samuel Ouma | @journalist_27

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The former President Daniel Arap Moi through his lawyer Juma Kiplenge has said he will appeal a High Court ruling compelling him to pay Ksh.1.06 ($106 million) to an 81-year old widow for alleged land grabbing.

Last week, Judge Antony Obwayo found Moi guilty of acquiring illegally the 53 acres of land belonging to Ms. Susan Cheburet Chelugui, a widow to an ex-chief during Moi’s regime.

The family of Noah Chelugui claimed that the ex-Head of state forcibly took over the land from them and ordered land officials to transfer and register the property located in Eldoret, 264km from the capital, under his name and thereafter, sold it to Rai Plywood Company.

They narrated the woes they have undergone since they were evicted from the land in 2007, two years after the demise of the former chief.

Even though Moi’s lawyers tabled a title deed and other documents to prove his innocence, Judge Obwayo maintained the land was taken illegally from the family.

“There is no iota of evidence as to how former President was registered as the proprietor of the suit land, which was part of that belonged to Noah Chelugui. The state counsel stated that these orders were from above by the first defendant, who was the President,” said the judge.

Mr. Kiplenge has revealed that they had already filed a notice seeking to stop execution of the order issued by Justice Anthony Obwayo.

He further stated that one of the trustees of the land has come out with new details which they will use to file their appeal.

“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,” Kiplenge reiterated.

Rai Plywood Company has cited that nobody has ever claimed the land since they bought it.

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