Former President Moi loses decade-long land battle
25 October 2013, 10:37
Nairobi - Former President, Daniel Arap Moi, has lost his appeal over a piece of disputed land.
A five-member panel of the Supreme Court ruled that they had no mandate to overturn an order made by the Court of Appeal awarding the 100-acre piece of land to one Malcom Bell.
The matter has been before the courts since 2003.
The Court of Appeal had earlier ordered the retired president to vacate the land or face be evicted.
“It is our view that the matter was settled and does not qualify to be entertained before us,” stated the Supreme Court judges in their ruling.
The judges further stated that the Court of Appeal had erred by granting Moi, who ruled Kenya between 1978 and 2002, and Kabarak High School Board of Governors certificate to Appeal at the Supreme Court since the dispute in question did not cite any constitution violation.
The ruling placed Kabarak High School at risk of demolition since the new owner of the land Bell could decide to proceed with the eviction order.
The land dispute started ten years ago after Bell sued the retired president for trespassing before it later emerged that the Moi had arm-twisted Bell’s father into donating the land to the school.
However, the ruling comes as a disadvantage to the natives since the school had absorbed students from the area thus giving a boost to education.
– CAJ News