Billionaire Rai Family Granted Appeal in Ksh1 Billion Case
Supreme Court has dismissed an application by an Eldoret-based family seeking to reverse an earlier decision that permitted the families of billionaire Jaswant Rai and former President Daniel Moi to appeal the order, prompting them to pay Ksh1 billion as compensation to the family.
In the application filed by Susan Chelugui and her son David Chelugui, they argued that the families of Moi and Rai had forcibly taken their 53-acre land in Eldoret and, as a result, should be compelled to pay the Ksh1 billion compensation award that the Environment and Land Court issued in 2019.
The seven-judge majority of the Supreme Court, however, denied the application, permitting the Moi and Rai families to appeal the compensation.
“All other issues raised by the applicant are in the circumstances completely misguided and do not require our attention at all. Consequently, and without saying more, we deem the application before us frivolous, vexatious, and an abuse of the process of court,” the ruling read in part.
Susan Chelugui and her son had filed a lawsuit against Moi and billionaire Jaswant Rai in 1983 for allegedly stealing 53 acres of their land in Eldoret. She argued that the Moi family stole their land in 1983 and sold it to Jaswant Rai’s company, Rai Plywood.
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The Environment and Land Court ruled in favor of Chelugui’s family and ordered Moi and Rai to pay Ksh1 billion in accumulated compensation over the years.
Later, senior counsel Zehrabanu Janmohamed, who represented the Moi family, filed an appeal to overturn the decision.
The Court of Appeal upheld the judgment in July 2022, stating that the Moi family’s acquisition of the land was an arbitrary deprivation of property.
To prove beyond a reasonable doubt that the land belonged to the Chelugui family, the Court of Appeal compelled them to submit additional evidence.
In its decision, the Appellate court permitted Moi and Rai to appeal the Ksh1 billion compensation amount.
“This court finds that Susan and Chelugui’s actions were not in any way contemptuous. It is my considered view that the reasons afforded are valid. It is fair and reasonable to adduce further evidence be head and determined,” read part of the judgment.
Susan submitted written arguments on her property claims in June 2023 to demonstrate that the High Court and Court of Appeal’s decisions to award the Ksh1 billion in compensation were correct.
Billionaire Rai Family Granted Appeal in Ksh1 Billion Case