Supreme Court Overturns Ruling on Sh1 Billion Land Dispute Involving Former President Moi
The Supreme Court has overturned a Court of Appeal ruling that had ordered the estate of former President Daniel Moi and businessman Jaswant Rai to compensate an Eldoret family over Sh1 billion for allegedly seizing their land in 1983.
The descendants of Noah Chelugui, a former chief who passed away in 2005, accused the former President of acquiring the 53-acre property under dubious circumstances.
Susan Chelugui, the widow of Mr. Chelugui, and their son David took legal action against Mr. Moi, Rai Plywood, and Eldoret land officials, claiming the land was forcibly taken from the deceased administrator on September 21, 1983.
The Supreme Court, led by Chief Justice Martha Koome, found no evidence indicating that Moi and Rai Plywood had acquired the 53-acre property through fraudulent or irregular means.
The justices—Koome, Mohamed Ibrahim, Smokin Wanjala, Isaac Lenaola, and William Ouko—concluded that there was no basis for the appellate court to question the validity of the 1st appellant’s title to the disputed property.
The highest court overturned previous rulings by the High Court and Court of Appeal that had ordered Moi’s estate and Rai Plywood to pay Sh1.06 billion to the Chelugui family.
Senior Counsel Janmohammed Zehrabanu, who is managing Moi’s estate, argued that Mr. Chelugui never raised concerns about the property loss before his death and that no proof was provided to substantiate claims of a stolen or lost title.
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She also pointed out that the lower courts failed to acknowledge the receipt of Sh70,000 or consider that Mr. Stanley Metto, alleged to have fraudulently acquired the original title, was never sued during his lifetime or afterward.
Rai Plywood contended it was an innocent purchaser of the land from Mr. Moi, with Mr. Rai asserting that he bought the property in 2007 after verifying through a search that it belonged to the former President.
The Chelugui family claimed that attempts to reclaim the land were unsuccessful due to complicity among various Land Registrars and Ministry of Lands officials.
The judges noted, “Between 1983 and 2014, neither Noah Chelugui nor his estate sought legal redress for the alleged infringement of his property rights. This prolonged delay necessitates a credible explanation.”
Mr. Moi’s family criticized the Land and Environment Court’s decision, arguing that the judge erroneously applied the 2010 Constitution instead of the relevant laws from the time of the land dispute.
In a 2019 ruling, Environment and Land Court Judge Anthony Ombwayo determined that Moi had unlawfully acquired the land from Mr. Chelugui and subsequently sold it to Rai Plywood, owned by tycoon Rai.
Moi’s appeal was rejected by the Court of Appeal in July 2022, leading the estate, managed by Mr. Janmohammed, to appeal to the Supreme Court.
Supreme Court Overturns Ruling on Sh1 Billion Land Dispute Involving Former President Moi
