Environment

6 pieces of land that the courts have ruled against late Moi

Late Daniel Moi at a previous conference

Kenya’s second president, late Daniel Toroitich Arap Moi led the country at a time in history whereby the State of Kenya experienced massive graft and its citizens underwent deprivation of the right to liberty. This deprivation resulted in unwarranted illegal and irregular allocation of public land.

As an imperialist president, the late Daniel Moi is said to have allocated land to loyalists and sycophants akin to a practice that can be traced back to the Colonial times where the crown would award massive tracks of lands to Barons. An example is the late Baron Bror Fredrik Von Blixen-Finecke who was the husband of the late Baroness Karen Blixen. The two are said to have been awarded large tracts of land in Ngong area (present Karen) by the British East Africa company in favor of the crown.

Beneficiaries of the late Moi illegal land allocation include the Current Deputy President, William Ruto who is on record stating that the late Moi had allocated him a piece of public land in Eldoret.

An excerpt from the Ndungu Land Report commission states that the practice of illegal land allocation was common and rampant: “Land was no longer allocated for development purposes but as political reward and for speculation purposes… ‘land grabbing’ become part and parcel of official grand corruption through which land meant for public purposes..had been acquired by individuals or corporations.”

As aforementioned this practice of land grabbing emanated from imperial colonialists. It is what facilitated the massive illegal and irregular allocation of public land by the government after independence. More so the icing in the cake is that under the Lands Act at that period, it was only the President who had the right to allocate unalienated government lands although he had the discetion of delegating limited powers of land allocation to the commissioner of lands.

With the above in mind, inter alia the Kenyan court have determined cases involving six land titles that were associated with the late president Moi.

In 2019, the Environment and Land Court made a judgement on Petition No. 9 of 2014 where by late Moi and Rai Plywood Limited were ordered to pay Ksh 1.06 billion as commensurate compensation for arbitrarily, unconstitutionally and illegally acquiring 53 acres of land belonging to an 81 year old widow, Susan Cheburet Chelugui.

In April 2019, pursuant to E & L Case No 46 of 2017, filed by the Ethics and Anti Corruption Commission, the Environment and Land Court at Eldoret successfully convinced the High Court to cancel titles to four pieces of land located in Eldoret that were illegally grabbed by Lima Limited- a company co-owned by Moi.

In 2013, Malcolm Bell succesfully convinced the High Court that a 100 acre farm (http://kenyalaw.org/caselaw/cases/view/13553) where Mp High School Kabarak is located has been disenfranchised from him. The court however ruled that the School had gained title to the land by the principal of adverse possession of land.

The 2010 Kenyan constitution was a major breakthrough in terms of recognizing the people’s right to property. Before its promulgation, it was impossible for any Kenyan to fathom that the Late president Daniel Moi would be lawfully disenfranchised by the judiciary of any property.



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